
Class. 
Book. 






G^pgM]^^ 



CDFmiGHT DEPOSm 



LIFE AND TIMES 



S6\ 



UK- 



HENRY SMITI 



— THE — 



First American Governor of Texas 



- BY 



JOHN HENRY BROWN. 



" NOV 1^ '■ '^2 -"> ' ' 



A. II. M.lllillK.K .V 



I»Al.l,.\s. 'I'KXAS: 
. >TKI;K.i>T\ I'EKS. riCIN ll.l!.-> .\M) r.iMiiu^ 

1 S 8 7 






Cl>rY RIGHT. 1S8T. 

Rt JOHN HENRY BROWN. 



i All lighh rese.rveil) 




Sn^i/du >y:^-JVri//,Ds A/.y. 



Index to Contents, 



Alamo, sieije of •'•'•> 

Governor Smith's appeal for ^••4 

Fall of :5-i-? 

Aiiahnae. capture of ])y Travis •'>'•' 

Almonte, Juan Nepomuniiio 1 '>+ 

Archer, Dr. Branch T I'.t ami '.»: 

Anstin, Gen. Stephen F., .19, 73. Or, irr. ISO. is:.. -IV.) and -ru 

Abbott. Lauucelot, letter from •!'>- 

Borden, Gail, Jr., letter from •'>"»-"5 

Burleson. Gen. Edward 14^ and -.Mi 

]iowie, Col. James TT. T8. is:., -.'in and •.•!.'> 

Brown, Capt, Henry S., death of '34 

Bnrnet, David G., president ad inter! in -Vll 

Burnet, David G., vice-piesident -i'u 

Barrett, Don Carlos lt>l. 16'i t<. l.'.i;. l(i-.>. and I'.Mi 

Bradburu, Col. Juan D.. Mexican ai-niy. . . , ^4 

Brennan, Thomas II. , letter from o(J(» 

Cos, Gen. Martin Perfecto de CO, OT, \-V.). K'.l and lS-> 

Collingsworth, Ca[)t. George M.. tai<es (ioiiail TS 

Consultation, (first Revolutionary (Jonvention.) met ",*'> 

Formed Provisional Government . •. S"> 

Adjourned 1 '""• 

THE PROVISIONAL GOVERXMFA'r. 

Council and ( I'overnor installed 1'>T 

Its address to the Mexican ])e()i>le 143 

Its factious conduc^t and vvai- on (Jovernor Smith, 

138, 151, 101 t(. Kii), 19') to -MW, X*39 to ^45 

Its arraignment by (Jen. Houston 209 

Its dissolution 314 

Committee of Safety, in Columl)ia, (Brazoria,) August 15, 

1835 72 



PAGE. 

Convention of Independence, March 1. 1836 307 

Cleveland, Charles L., reference to 387 

Caldwell, Capt. Matthew 134 and 170 

Coleman. Sidney W., speech of, on receiving Governor 

Smith's portrait 390 

Declakation to Mexico, Xov. 7, 1835 80 

of Independence, March i, 1836 306 

Dexter, Peter B., Secretary 107 

DeWitt, Green, the Empresario. . , , 15 

Era, a new one Inaugurated 11-1 

Faxnin. .Tsmes W. Jr.. Agent. &c., 

::, 78. 164, 212, 222, 2--i4, 2i\6 and ;i7;.' 

Finlay, George 1*., speech of iiL presenting portrait 388 

Fulton, George W., letter to 366 

Letter from to John Henry Brown 383 

Forbes, Col. John 158, 1 71, 305 and 310 

Gkeen, C. p., letter from 351 

Grant. Dr. James ;i09, 21C>, 317, 218, 226 and 228 

HorsTON. General Sam, elected Provisional Commander- 
in-Chief 98 

Elected Constitutional-Commander-in-Chief 321 

Letter to Governor Smith, January 30, 183r. 209 

l»('[»(»rt to Governor Smith on Indian treaty 305 

Elected President of the Kepublic 324 

His letter to Gov. Smith, Secretary Treasury. .337 and 358 

JIewetH)ii, Dr. James. , 374 

Hawkins, ('apt. .M .. letter to Governor Smith 265 

Hill, William d . crusliiug letter from 280 and 281 

Jlill. Henry P. \V.. of Nashville, Tennessee, letter from 

donating .i;5,(Mi(i 29^ 

Tribute to 310 

Ingram, Seth, letter from 44 

Indians, Clierokee and associate hands, treaty with 305 

Jones, William K.. mention of 356 

Jones, Oliver, letter from 31 

Kf.kk, James, in council 83, 100. 101 and 187 



I'AGi:. 

I.AMAK. .Miiiihcaii H.. I'lcsidc'iit ;!.">T 

Letters from jjroniineiit }).itri()ts :'(;(» 

Mkmjjers. list of Coiumittee of Siil'cty in r»r;iz<iii;i, in IS.i.'i. 'ri 

Tlie (ieneral Consul tut inn. in is;),"! S-.' 

'J'lie General Couiicil,(l'i'ovisional Goveriunent,) 18;J">-<;. '.»'J 

Goveriuiient ad interim of the Republic;, IS!}*! '-'rii 

Constitutional Government of the Republic. Oct.. ls;;(i. :]-U 

Menefee. William r'.», 14-") and 1G:3 

Alexia, (len, .lose Ant<»uio. . . lu-j, \:',i\ to loK, 140, l.")0 and IT'J 

Aliller. Dr. .lames H. C, letter from ,')3 

.Me Kinney, Thomas F • r.'O niid l-i4 

M ills. Robert, letter from '.]')Tt 

^[iller, Dr .James H 10 and -Ki 

Mason, Lieut, IT. S. A., letter from illG 

Xeill. Col. .loseph C 188 

PuESiDENT, Mee, Governoi' Smith's nomimition for .'{63 

Rower, .lames j;}'.}. 1,")() and 15.5 

Pilsbury. Timothy, mention of 356 

RrsK, Gen. Thomas ,1 335 

His letter to Governor Smith, Secretary Treasury 3;j5 

Ikobinson. .lames W , Lieutenant-Governor, 

97, 144, J>()G, -^38, U:), ■>44. Ur>, UH and 376 

His conduct I'eviewed 2^7 

iioyall, R. R • • • • 58 

Seouin, Don Krasmo 30 

Seguin, Juan N 46 

Smith, IIkvky. his oirth, marriauc and ai'rival in Texas, 

12, 15 and 17 

Wounded in battle of Velaseo, .Tune 2V>, IS'M 17 

Addressed a i)ublic rm-eting in 183"^ 17 

Deleo^ate to convent ion and Alcalde in 1S33 , 18 

Secretary of the A vnntamiciito and Political Chief in 

1834 2i 

His famous address to the people in "34 30 

Member of Hrazoi'ia Committee of Safety in Aug. '35.. 72 

Member of the Consultation, Xov. '.'55 75 

Author of plan of Civil Government 84 



S.NfiTii. Hexry, elected tirst Governor of Texas, 
ili.s iiiiin.ffiiral address 

His ponimiuiieatioiis to the Comieil of jS'ov. 



{V •• 



Dec. 



.. (2) '' 
T'omniiniication relating to Gen. Mexia 
Ilis coniniunieation to tlie Council of 
Communication relating to Gen. Mexia 
His communication to the Council of 
If elating to wrecks and rascality 
Denouncing Barrett and Gritton 
On the Capitulation of Bexar. 
Enclosing one from Gen. Houston 
r)n certain appointments 
His communicasions to the Council of 



Dec. 



Jan. 



His "Bomhshell." 
His letter to J. \V. Robinson 
The impotent charges against him 
AiU)ther communication 

His letter to Col. Ward 

Col. Ward's reply 

His letter to Robinson 

Farcical attempts to supercede him 

His address against usurpation 

His order to Thos. R. Jackson , 

His letter to Wm. Bryan, New Orleans. 



U. •' 

27, •' 

28. •'• 
1. " 

■) a 



S, " 
9, '• 

12, is:3n 

1 4-. •' 

lo. " 

IG,, •' 

17, '• 

18. •' 
18, •' 
18, " 
2'.i, '• 
26, •' 

!), 
10, 
11, 

K3, 

<), 
21, 
18, 
20, 



18:50 



.1 



PACxE. 

. or 

. 107 
. IIG 
. 120 
. 124 
.135-6 
1^7 
128 
129 
132 
134 
.135-G 
137 
142 
14G 
14G 
148 
152 
15G 
150 
160 
109 
171 
174 
186 
188 
194 
-200 
200 
202 
331 
234 
240 
42-245 
257 
283 
285 



PAGE. 

Smith, Henry, his Proclamation, (March 2, 1836,) ''Texas 

expects every man to do his duty I" 301 

His report to the Convention, (March 4.) oOS 

Appointed first Secretary of tlic TicMsury, (Oct. "is. '30.) 3*^-4 

His letter to H. K. W. Hill, Jan. ir>, 183: 3v'r 

His letter to Mrs. Sarah A. Wharton, May 1. *37 333 

His letter of resignation, .Iiiiic 1 . "37 33<) 

President Houston's refusal to accept his resignation.. 33 i 

His resjionse to the President 33!> 

His reply to the House of Representatives, November 

10, 1837 34(1 

Thanks of Congress to 3o7 

Retirement to private life 351) 

But service in Congress 360 

Nomination for Vice-President 303 

He determines to visit California in 1849 . . 300 

His letter to Geo. W. Fulton, Sept. 10, 1849 37>! 

His last letter 379 

His portrait presented to the State 388 

His family, his parents and descendants. .393, 394 and 395 
Smith, John G., his letter announcing his father's death. . . 380 

Stewart, Dr. Charles B 107, 205, 230 and 362 

Splane, Peyton 1\ 24 

Salmon, Prof. 11., letter from 358 

Smith, Ashbel, letter from 301 

Travis, Col. Wm. !>.. nine lettei's to Governor Smith in 

1834-3.-) 24, 27. 44. .-)U, 56. 59, 09, 72 and 74 

Townsend, Natlniniel. letter fi'oni 349 

Texas, I^epuhlic of. pi-oclaimed. March 2, 1830 308 

Government of ad intei'ini 321 

Constitutionally oruanizi'd ;{-^4 

Thomj)S()n, Thomas M.. (l-jmli>li 'riioin|ison.) of the .Mex- 
ican navy 59 to 08 

U(;aktk('II KA. ( '(p|. 1 )oiniiii:(i 14(t 

\'iESCA. (iov. Anuiisiin , 143 

Wallku. Edwin I 7, 24. ;5 and 234 

Williamson. Poliert M 19. 20. and 128 



. PAGE. 

Ward, Lieut-Col. William 231, 234 and 273 

Wharton. William H., in convention of 1833 10 

Conwnis.siouer to Mexico, (did not go.) 19 

Kegidor of Columbia '24 

Chairman of Committee of Safety '71' 

Commissioner to the United States 97 and 176 

Censure of, l)y Austin 250 

His high character 253 

His seven letters to Governor Smith. 

75, 289, 290, •.'91, --.'92, 2\)o to 296 

His only child 297 

Envoy, etc., to the United States : 330 

Letters to Governor (Secretary) Smith 330 and 331 

His resignation as Minister 332 

His capture at sea 332, 333 and 334 

Wharton, Mrs. Sarah A 298 to 300 

Letter of Governor Smith to 333 

Wharton, John A 70, 72, 75, 77, 78 and 79 

Author of Declaration, Nov. 7, 1835 ... 80 

^ See also 177, 285 and 332 

Zavala, Lorenzo de. Mce-President ad interim of the 

Kepuhlic 321 



INTRODUCTION. 



M HERE is a growing inclination on the part of 
^ more recent writers of Texas history, to wid- 
en the beaten path, adding to the ilhistrious names 
ah^eady made famihar, others which have failed 
heretofore to receive a merited meed of recogni- 
tion. 

A faithful record of the deeds of men, under 
the peculiar and trying circumstances which may 
have made them famous or illustrious, is more 
to be desired than the fulsome praises of partial 
friends; and pages that are to pass as history, 
should never furnish opportunity for personal 
enmity to vent itsalf. A reaction in either case 
is not the end desired by the seeker after truth 
in history. Nor need there be any fear that 
fidelity to the truth of what shall hereafter be 
written will make less illustrious or less loved and 
admired, the names of those whose fame has 
been made imperishable, by all the tests which 
time applies to the actions of men. 



There can be no need to apologize for the re- 
searches inspired by a curiosity which a stray 
letter or the presentation of a portrait may kin- 
dle ; provided such research brings to light valu- 
able and interesting truths. 

In February, 1879, when the portrait of "Gov 
Henry Smith" was presented to the State of 
Texas, and received by the people's representa- 
tives at the State Capitol, the question was asked 
by many of the later citizens, "who was Governor 
Smith?" and often coupled with the assertion "I 
never heard of such a governor!" and, strange to 
confess, few were able to give a satisfactory an- 
swer. 

If the State of Texas was 250 years old, in- 
stead of a little more than half a century, this 
would not be surprising. But most of the earli- 
est governors and presidents were person illy 
known to a large number of the present inhabi- 
tants of the State. Who, then, was Gov. Smith? 
Did he do nothing? make no inpression upon his 
t'mief and, dying, leave no trace of himself for 
love nor curiosity to find? Search and see. And, 
we may add, that should our researches be re 
warded, as we are led to believe they will be, the 
inciuisitive will, naturally enough, wonder how 
his name has remained in such obscurity. 



"Take off thy shoes from off thy feet, for tlie 
place where thou standest is holy ground," is a 
warning that should govern the pen of history or 
biography. One has said: "Let those who write 
Texas history to-day, be careful that they write 
the truth, or soon it will all be romance " 



12 LIFE OF HENRi^ SMITH. 



BIOGRAPHY. 



Chapter I. 

\ ^ / E are able to trace the lineage of Governor 
^ ' Smith to his maternal grandfather, who 
lived in Bottetourt county, Virginia, and whose 
name was Woods. Mr. — Woods and an older 
brother were there killed by Indians, who burned 
his house and carried his wife and two daughters 
into captivity, from which the wife and one 
daughter, "Sally," were redeemed by the exer- 
tions of some French traders after a captivity of 
two years. The other daughter, about ten years 
of age, was "Magdalen Woods." This little girl 
made a very favorable impression upon her In- 
dian captors by bravely looking one in the face, 
who drew his knife across her head, pretending 
to be about to take her scalp. During her cajj- 
tivity she was sent with a squaw to a house in 
the white settlements for some corn, and was 
there recaptured, dressed in boy's clothes as a 
disguise, and called "Little Jack." 



LIFE OF HENRY SMITH. 13 

They remained in Bottetourt county until 
Sally (afterwards the wife of Capt. James Newel, 
of Rockbridge county, Virginia,) was married, 
when Magdalen moved with this sister to Wythe 
county, Virginia, where she married Rev. James 
Smith, a Baptist minister from the eastern part 
of the State; moved to Kentucky about 1780, and 
settled at a place called "Smith's Station," (now 
Bryantsville,) in that part of Lincoln county now 
known as Garrard. 

He is believed to have been the first preacher 
in the "Forks of Dix River Church," in that 
county, though not its pastor. It is not known 
that he ever took pastoral charge of any church, 
but was pre-eminently a "pzoizeer" in the work of 
the ministry 

In 1784 he, with Rev. John Whitaker, "con- 
stituted" "Bear Grass Baptist Church," the first 
religious organization of any kind within the 
limits of Jefferson county, Kentucky. 

In 1784 he visited Monroe county, Illinois, 
where tnere was a settlement of people who had 
emigrated from Virginia and Kentucky, was 
their first preacher, and made the first public 
prayer that had been made in that settlement 

On a subsequent visit to llliiiois, he was 
taken prisoner by the Kickapoo Indians and was 



14 LIFE OF HENRY SMITH. 

redeemed partly by contributions from the Bap- 
tist Church, and by beads and blankets from his 
son William. 

Rev. James Smith and his wife, nee Magda- 
len Woods, are both buried at Bryan tsville, Gar- 
rard county, Kentucky. 

They had ten children, of whom Henry 
Smith, our Texas governor, was the youngest. 
At 21 years of age he became a merchant on his 
own account in Nashville, Tennessee; afterwards 
at "Paint Lick," Kentucky, where, in 1815, he 
married Miss Harriet Gillette, of a well-known and 
highly respected family. From Kentucky, prior 
to 1820, he removed to the Boonslick country, 
Missouri, where, early in 1820, his wife died, leav- 
ing three sons, William Watts and his twin 
brothers, John Gillette and James Evans. 

In January, 1822, he married Elizabeth Gil- 
lette, a sister of his first wife, who died in 1833, 
at Brazoria, of cholera, leaving five daughters, 
Harriet G., (now the wife of Col. George W. Ful- 
ton, of Fulton, Aransas Co.,) Jane, Sarah, Emily 
and Sophronia. In 1889 he married Miss Sarah 
Gillette, twin sister of his second wife, by whom 
he had one daughter, Elizabeth, who died of yel- 
low fever in Galveston in 1854. His widow died 
in Liberty in 1863. 



LIFE OF HENRY SMITH. 15 

From Missouri, his veiyis full oj pioneer blood, 
he came to Texas early in 1827. 



Chapter IL 

> NOUGH has been written and spoken in de 
^^•^ fence of the pioneers of Texas, and the 
galaxy of names of men from the most dis- 
tinguished families, and of the highest type of 
christian civilization, from boastful New England 
and other States of the union to satisfy thinking 
men. The unthinking and the unihardvful will 
continue to put faith in their prejudices and in 
the ridiculous admixture of legend and romance. 
The families who came to settle in this wild- 
erness with Stephen F. Austin, Green DeWitt, 
and other founders of colonies, were induced to 
come by offers from the Mexican government of 
large grants of land, and well-guaranteed pledges 
of security and protection to life and property. 
That government was then believed to be perma- 
nent and secure, and able to carry out, in good 
faith to the colonists, all that was promised. 
Their constitution and laws were similar to tho.si^ 
of tlie home government. The climate was des- 
cribed as elysian, the earth productive beyond 
description — the waters to be teeming with fish 



16 LIFE OF HENRY SMITH. 

and the forests with game. In the brain of the 
ambitious might possibly have been found a con- 
ception of the wish, father to the behef, that this 
country would, sooner or later, become part of 
the United States. 

Unfortunately, or fortunately (?), the inter- 
necine revolutions that almost immediately be- 
gan to distract that unhappy country, ,soon 
pressed home to many of the colonists the con- 
viction that they could not look with confidence 
to the Mexican government to redeem its 
pledges of protection from Indian depredations, 
and in the peaceful possession of the rights accru- 
ing to them under the colonization laws. Still, 
there was, for several years, a measure of peace, 
and a suppression of any sense of insecurity that 
might creep in and disturb a midnight sleep — 
a kind of nightmare. The settlers cultivated 
their lands, were rewarded with abundant crops, 
and saw their flocks and herds and children 
growing up around them. They occasionally 
heard the muttering thunders of revolution, but 
at a distance. 

Texas, as part of the State of Coahuila and 
Texas, was ftnally divided into three departments 
—the departments of Nacogdoches, of Bexar, and 
the Brazos. These were sub-divided into munici- 



LIFE OF HENRY SMITH. 17 

palities or jurisdictions, each of which had its 
Ayuntamiento, presided over by an Alcalde, or 
president, two associates, called Hegidors, an offi- 
cer called a Syndico Procurador (a sheriff), and a 
Secretary, with the State government at Mon- 
clova, in Coahuila, where the State Congress held 
its sessions. 

Henry Smith's home and farm were in the 
Jurisdiction of Brazoria, and he identified him- 
self with every move of the citizens for their 
benefit and protection. 

There he cultivated the soil — taught school, 
and afterwards surveyed lands. In the battle of 
Velasco, June 26, 1832, he received a severe 
wound in the head. 

At a public meeting called to ratify the 'Tur- 
tle Bayou resolutions," in favor of adhering to the 
principles of the Constitution of 1824, a very crit- 
cal period, in which figured the Whartons, Jack, 
Dr. Branch T. Archer, Waller, and other men of 
note, Henry Smith came forward and read an 
address, in which he foreshadowed his course 
three years later as a leader of the "Independ- 
ence party," in contradistinction to the party, at 
that time largely in the majority, who were in 
favor of fighting as an integral part of Mexico, 
though at the latter period, by successive revolu- 
tions, the Mexicans had ^'irtually already des- 
troyed the Constitution of 1824. 



18 LIFE OF HENRY SMITH. 

The people of his municipahty, recognizing 
his abihty and integrity, elected Henry Smith to 
the then important position of Alcalde of Bra- 
zoria, or Columbia, for the year 1833. 

With the pretended object of protecting the 
public revenue and putting down the smuggling 
that was being carried on, in 1831, Mexican gar- 
risons had been established at Nacogdoches, Ana- 
huac, at the mouth of the Trinity, and at Velasco, 
at the mouth of the Brazos. Their real object was 
not misunderstood, and in each locality the colo- 
nists arose, dislodged the military and compelled 
them to leave the country. 

In March, 1833, agreeably to notice from the 
"Central Committee," (appointed by the various 
alcaldes to facilitate communication with remote 
points in the province,) an election was held in 
the municii^ality of Columbia, or Brazoria, to elect 
five delegates to represent them in the general 
convention to be held in San Felipe, on the 1st of 
the following April, for the purpose of memorial- 
izing the Mexican Congress, (as is already famil- 
iar history,) for a State government, separate 
from Coahuila, according to their constitutional 
pledge— "Whenever Texas shall be in a condition 
to figure as a State by itself." They now adjudged 
themselves to be in that condition. 



LIFE OF HENRY SMITH. 19 

The five delegates elected were 

William H. Wharton, - - 100 votes. 

Henry Smith, 86 " 

Branch T. Archer, - - - - 85 

R. M. Williamson, .... 65 " 

Robert Mills, 56 " 

(Signed,) John Austin, Pres't. 

J. P. Caldwell, | m^,ii^_ 
Asa Brigham, | -Lt^^^eib.. 

The convention prepared their plan for a 
State government, with a petition to the Mexican 
Congress, and selected Stephen F. Austin, Dr. 
James B. Miller and Wm. H. Wharton, as their 
commissioners to present them, but Austin only 
went on the mission. 

The commissioner, on his way to the City of 
Mexico, wrote the following letter to the Ayun- 
tamiento of Brazoria : 

Matamoros, 30th May, 183o. 

The public was very much agitated in this 
place by false reports and rumors relative to 
Texas; but they have been removed by the state- 
ment of facts which I have laid before his Excel- 
lency the Commander, General Don Viccjitc 
Filisola, who assures me of the paternal inten- 
tions of the government towards the people of 
Texas. There never has been any just cause to 
doubt that such ai-e its intentions. All the vague 



20 LIFE OF HENRY SMITH. 

rumors that have been circulated as to the march 
ing of a large army to Texas with hostile views 
are utterly false. 

The General has orders to re-establish the 
Custom House and the Military Garrisons and 
will proceed to do so, for the purpose of protect- 
ing the public revenue, and stopping the scanda- 
lous contraband that has been carried on in 
tobacco from the ports of Texas. I have assured 
him that he would receive the support of the 
colonists in sustaining the Revenue law, and 
that they would do their duty faithfully as Mexi- 
can citizens. 

I have pledged my honor for the truth of this 
declaration, and have full confidence that the 
people of Texas will not forget the pledge I have 
made, but will by their acts prove its correctness, 
and that the Revenue laws can be enforced with- 
out the aid of large Military Garrisons. 

Mr. George Fisher will leave here shortly to 
enter upon the duties of collector of Galveston, 
with only a sufficient number of troops for neces 

sary guards, etc. 

Whatever ideas and opinions may have here- 
tofore existed as to Mr. Fisher they should now be 
consigned to oblivion and forgotten. He returns 
• as an officer of the Government and as such it is 



LIFE OF HENRY SMITH. 21 

the duty of the people to respect and sustain 
him. I will also observe that I have investigated 
very minutely all the past transactions in which 
he was concerned and have formed the opinion 
that the excitement which unfortunately grew 
out of them, was produced by misconceptions 
and suspicions too hastily entertained, and not 
from an intention to do wrong or injure any one. 
I believe there were misconceptions on both 
sides, and probably as much on one part as on 
the other. Mr. Fisher will make an useful col- 
lector. His knowledge of the English language 
(Mr. Fisher was a Greek) will give more facili- 
ties in his intercourse with the people than could 
exist with a collector who was unacquainted 
with that language. I therefore particularly 
recommend the utmost harmony with him, and 
that he be sustained in the discharge of his duty 
by all, regardless of the clamors of a few tran- 
sient traders who would involve the honest 
farmer in difficulty with the authorities, if they 
could increase their profits thereby. 

The political events of the past year neces- 
sarily produced a temporary and partial disor- 
ganization in the regular administration of the 
government all over the nation, which, as a mat- 
ter of course, extended to Texas. Everything 



Sf2 LIFE OF HENRY SMITH. 

has now settled down again upon the constitu- 
tional basis, and the regular operation of the 
laws and all the legal authorities has been 
restored. 

The temporary and provisional measures 
which the peculiar exigencies of the times may 
have rendered necessary to preserve the public 
tranquility, and protect persons and property, 
have consequently ceased all over the nation. I 
have assured the commanding general that they 
will also cease as a matter of course in Texas, 
I therefore particularly recommend that what- 
ever temporary deviation from the laws there 
may have been in the organization of the militia, 
or in any other matters should be corrected 
without delay, and everything restored again to 
the legal basis, as has been done all over the 
Republic 

The general congress adjourned the 20th of 
this month, and as there will not be another reg- 
ular session until January next, my journey to 
Mexico was rendered measurably useless. I 
have also been very much debilitated by dysen- 
tery or cholorina which prevails here. These 
considerations determined me to postpone my 
trip to the capitol for the present, and I forward- 
ed the memorial of the convention to the gov- 



LIFE OF HENRY SMITH. 23 

ernment through tlie commanding general. 
Since then my health has improved and an 
opportunity having unexpectedly presented of a 
passage to Vera Cruz by sea, I have concluded 
to embrace it, and shall depart in a few hours. 

I will close by assuring you that I have the 
most unlimited confidence in the patriotism, 
liberality and justice of the government, and I 
rely with full confidence upon the people of 
Texas, to sustain firmly all the authorities, both 
Federal and State, and to obey the laws strictly. 
By so doing they will procure a State Govern- 
ment and keep away large and unnecessary 
military garrisons, and obtain everything that a 
reasonable people ought to ask for or a just and 
liberal government ought to grant. 

Respectfully your friend and servant, 

S. F. Austin. 

To the Ayunfamiento of Brazoria. 

N. B. — I recommend that the people of 
Texas should be mild calm, and firm in favor of 
making a state of Texas by legal and constitu- 
tional means, and by no others. 

S. F. Austin. 

On the 1st day of January, 1834, a newly 
elected Ayunfamiento was inaugurated for the 



24 LIFE OF HENRY SMITH. 

municipality of Brazoria, of which Edwin Waller 
was Alcalde, William H. Wharton and Capt. 
Henry S Brown were the Regidors or Asssociate 
Justices, with Peyton R. Splane as Syndico Pro- 
curador, or Marshal. All of these gentlemen 
had fought at the battle of Velasco, on the 26th 
of June, 1832. Of this body, on the next day, 
Henry Smith, also a soldier of Velsaco, was ap- 
pointed Secretary ; but on the *24th of July, 1834, 
he was notified of his appointment as Political 
Chief of the department of Brazos, by Viesca, 
the Mexican governor of Coahuila and Texas. 
The original commission in Spanish, lies before 
us. It came to him through the hands of Wm. 
Barrett Travis, at that time Secretary of the 
Ayuntamiento of San Felipe. Accompanying 
its transmission is a letter from the pen of our 
immortal hero, whose name never falls from lip 
or pen without awakening a thrill of admiration 
and love. Henry Smith was fortunate enough 
to have in him a warm, confiding and true 
friend. The letter is as follows : 

To Citizen Henry Smithy Brazoria : 

Dear Sir: — I have the honor herewith to 
transmit to you a communication from the acting 
alcalde of this town, notifying you of your ap- 
pointment to the office of Political Chief of the 

Od the 2Cth of July, two days later, Capt. Henry S. Brown, second Regldor.died in 
Columbia. 



LIFE OF HENRY SMITH. 25 

department of the Brazos, and requesting that 
you will immediately repair to this village to 
take the oath of office before the Ayuntamiento, 
and to be installed in comphance with the order 
of the government. 

It is all important that you should be put in 
the exercise of your office as soon as possible, in 
order that you may preside at the approaching 
election for governor, lieutenant governor, coun- 
sellors and a member of the State congress from 
this department. 

Allow me to congratulate you as the first 
American who has been appointed to the office of 
Political Chief, and to hope that you may be the 
means of great good to Texas. I have the honor 
to subscribe myself your friend and obedient 
servant. "God and Liberty," 

Wm. Barrett Travis. 
San Felipe cle Austin, July 24th, 1834. 

P. S. — There is a large bundle of documents 
in the Post Office here directed to you as Political 
Chief, the contents of which we are anxious to 
know. We hope you will soon be here to gratify 
the wishes of the citizens. 

As I presume you have not seen the law 
creating the new department of Brazos, I will 
say to you that it provides that the chief shall 



26 LIFE OF HENRY SMITH 

receive a salary of $800.00 payable monthly and 
$450.00 for a clerk. 

I hope you will be here by the last of the 
month, or before, if possible. 

This goes by express. Your friend, 

Travis. 

In no better way can the difficulties and dis- 
couragements with which he was beset as politi- 
cal chief, be learned than by giving to the public 
his correspondence, or so much of it as we have 
been able to procure. 

Under date of Bexar, Sept. llth^ 1834, we 
find the following from Hon. R. M. Williamson: 

My Dear Sir: — I arrived in this place six 
days past, where I have been detained princi- 
pally by the ill health of my companion, (Mr. 
Vanderveer). 

By to-day's mail we had important news 
from Monclova, the capitol of Coahuila. It seems 
the state government upon the plan and principles 
of the constitution (of 1824) is completely dissolved. 
A military despot is governor, whose ignorance is 
alone equaled by his arrogance. There will be 
no congress this present year in Monclova and 
every constitutional officer of the state, so far as 
I have been informed, has been deposed by the 
insurgents. 



LIFE OF HENRY SMITH. 27 

It is shrewdly conjectured here by the 
friends of the constitution that an attempt will 
be made to depose the chief of this (Bexar) de- 
partment by the military. It is to be hoped they 
will let this opportunity for wrong doing pass by. 
However, this evening will tell the news, and I 
will give you fully what follows. 

I indulge the hope that Texas will remain 
firm. Our constitution may be violated, but its 
principles can never be destroyed. 

Should an event, such as that predicted in 
this place, occur this evening, I pray that the 
colonists will not permit the handful here to 
trample over so excellent a citizen as Juan 
Seguin. Both himself and father are absent and 
have been from this place for several days. 

The military, therefore, confident of success, 
will, according to the best information I can pro- 
cure, put down the one, (Juan). 

I leave on to-morrow for Monclova. May 
the Lord prosper you and the colonies. Give my 
respects to Travis, Baker and all my friends. 

Adieu, Williamson. 

And the following from W. Barrett Travis. 
San Felipe de Austin, Oct. llth, 1834. 
To Citizen Henry Smith, Political Chief. 

Dear Sir. — Your esteemed favor gf the 4th 
inst., came to hand this moment. 



28 LIFE OP HENRY SMITH. 

I wrote you some time since and am sorry 
you did not receive my letter, as in it I pressed 
you to come up as soon as possible. You say 
you do not know what to do ! We are all at a 
loss. But one thing is certain, never has there 
been a time when your presence was so much 
needed here as now. 

You ask for my opinion. It is worth but 
little, as I psLj little attention to politics. 

I agree perfectly with the sentiments 
breathed in the hand-bill, I have just read, in 
which Oliver Jones' letter is published, and I 
think that Texas is forever ruined unless the citi- 
zens make a manly, energetic effort to save them- 
selves from anarchy and confusion, which are 
the worst of all evils. To do this the central 
committee should, by virtue of the powers 
vested in them and in conjunction with the 
political chief and ayuntamiento, call a consti- 
tutional assembly of the representatives of the 
people of the different districts of Texas, to meet 
at this place or Bexar, to deliberate upon the 
state of our affairs and with ahsohite powers to 
dispose of tlio destinies of the country according 
to circumstances ; for, we are virtually and ipso 
facto wilhoiit any legal government in the state 
or nation. Public documents received here con- 



LIFE OF HENRY SMITH. 29 

firm the statement yon have received by private 
letters, so that we are subject legally and consti- 
tutionally to no power on earth, save our sover- 
eign selves. We are actually in a situation of 
revolution and discord, when it becomes the duty 
of every individual to protect himself. And 
allow mfe to tell you, that in my humble opinion, 
unless something is done by Texas herself, the 
mandates of every officer in the republic and 
State will be disobeyed and trampled under foot 

The fact is, something must be done to save 
us from our inevitable fate, and the sooner the 
better. ¥ou, as the highest legal and constitutional 
officer m the State and the only one in existence that 
ice ought to obey, have it in your power to do every- 
thing for Texas, by taking the lead in our public 
affairs. 

Let all party animosities drop. Let us march 
like a band of brothers to the same saving and 
vitally important point. 

Please show this to Wharton, and whatever 
a majority does, let us all support heart and 
hand. Come I Come ! Come ! 

Your friend, 

Wm. Barrett Travis. 

The people of Bexar met October 18 th and 
formed what is known as the ''Plan of Bexar," 



30 LIFE OF HENRY SMITH. 

and resolved that a State convention be held at 
Bexar, November 15th, to organize a provisional 
government. This was proposed by Don Erosmo 
Seguin, Political Chief of that department. A 
copy was transmitted to the other departments. 
The Texas deputies at Monclova also recom- 
mended the same But all failed. 

On the 20th of October Henry Smith, Politi- 
cal Chief, issued his address entitled '^Security 
for Texasy addressed to the ayuntamientos of 
his department and to the citizens of Texas 
generally. 

Its historical importance justifies its inser- 
tion here. 

SECURITY FOR TEXAS. 



[Official] 

Chieftaincy of the Department of Brazos, 

October 20, 1834. 

To the consideration of the ayuntamientos 
of this department, and to the citzens of Texas 
generally, the following remarks are respectfully 
submitted : 

Feeling it a duty incumbent on me, not only 
as the political chief of this department, but as a 
citizen, in common with others, to warn my fel- 
low citizens of impending dangers when I see 



LIFE OF HENRY SMITH. 31 

their approach ; and at the same time to recom- 
mend the adoption of such measures of pubhc 
security, as to me may seem best calculated to 
avert those evils and promote the general good, I 
consider this not only to be a i)rivilege, but a 
duty incumbent on all who feel a lively interest 
in the promotion of the pul)lic weal, to freely 
discuss public men and measures, particularly 
when those privileges are guaranteed by the con- 
stitution and laws of the land. That a crisis has 
now arrived in the political affairs of Texas 
which is not only calculated to arouse from 
lethargy the most torpid and unenergetic citizen 
in it, but to particularly call forth the energies 
of the high-minded public spirited citizens to 
interpose fortwith, and to save this fair portion 
of the State from anarchy and confusion, which 
must inevitably result in her final ruin. The fol- 
lowing letter from our representative in the State 
congress, together with other data to the same 
effect, will at once show the necessity for ener- 
getic measures on the part of Texas: 

MoNCLOVA, September 2, 18.>4. 
Dear Sir. — The political affairs of this sec- 
tion of the country are in a state of perfect an- 
archy and confusion. The State government 
has fallen into pieces, without leaving a founda- 



32 LIFE OF HENRY SMITH. 

tion on which another can be constitutionally 
erected On the 30th of last month an officer of 
the permanent army was proclaimed governor 
of the State by fifteen officers of the army, two 
members of the ayuntamiento of this place, and 
three of the deputies of the congress ; and the 
former governor turned out of office. There is 
not, nor will there be, any congress or permanent 
deputation in this place during the present year. 
At one time since my arrival in this city there 
were seven members present, two of whom were 
of the Saltillo party and refused to serve, and 
immediately left for that place Yasquez left this 
morning for Texas. I shall, if permitted, remain a 
few weeks longer. The government established 
in Saltillo still exists and is gaining ground. The 
towns of Rio Grande, Morales, San Juan de Mat 
and Santa Rosa have declared in favor of Sal- 
tillo. There are about 500 militia and permanent 
troops in this place, but up to the present time 
they have been inactive. The government of 
Saltillo appears to be on an equal footing with 
that of this place, and has an equal number of 
supporters in this part of the State. Is not 
Texas as much entitled to a government as the 
former? She is without one, in fact, aoa© exists 
in the nation of which she forms a part. I am 



LIFE OF HENRY SMITH. 83 

of the opinion that this is a subject worthy your 
clehberation at this critical moment. 

The State of Vera Cruz has, I am informed, 
declared in favor of a central government, and I 
have no doubt of Santa Anna's intention to es- 
tablish that form of government. Chambers 
will leave in a few days for Texas. Yours, etc., 

Oliver Jones. 

It will be seen from the above letter that 
the Saltillo party has been acquiring strength for 
some time, and the Monclova party are of a 
more recent formation, possessing now about 
equal force ; both of whom, however, are spurious 
and in direct opposition to the constituted author- 
ities, endeavoring to make null everything like 
constitutional law. Our representative, to use 
his own words, makes the following inquiry: 
"Is not Texas as much entitled to a government 
as the former ? She is without one ; in fact none 
exists in the nation of which she forms a part." 
The inquiry made by our representative is pc]'- 
fectly natural, and will present itself to the mind 
of every thinking man. That a government for 
Texas is absolutely necessary, that she is evi- 
dently without one, are points upon which there 
can exist l>ut little difference of opinion. That 
Texas should immediately organize and protect 



34 LIFE OF HENRY SMITH. 

herself from impending ruin all must agree. 
But how organize ? And by what means afford 
herself that protection so necessary to her well 
being? are matters about which much contra- 
riety and difference of opinion may be expected. 
Many would be in favor of organizing, on the 
principles heretofore adopted, of forming Texas 
into a separate and independent State, leaving 
herself subject to the action of the general gov- 
ernment. (She has once been memorialized on 
that subject, and the result not yet ascertained, 
for our bearer of dispatches, for aught we know, 
may yet be persecuted even unto death for his 
seeming temerity, which leaves but little hope for 
any favor to be expected from that quarter — well 
knowing, as we do, the deep rooted prejudices 
which have unfortunately been imbibed against 
us throughout the republic. It would be well for 
Texas, under existing circumstances, to view her 
situation and dependence as respects her connec- 
tioT] with the State and general governments, 
both now in a state of anarchy ! Let her then 
hazard nothing, but promptly adopt the most 
i)rudent and least exceptional course w^hich can 
be found within her reach, hazarding as little to 
the action of the general government a.s possible: 
for when, or what form of government, she mav 



LIFE OF HENRY SMITH. 35 

ultimately settle down in, I presume but a few, 
if any of us, are sufficiently gifted with the spirit 
of prophecy to determine. Taking, then, a 
superficial view of our situation, as being with- 
out government or law, must be to every think- 
ing mind truly appalling, and should be shunned 
as the greatest evil which could possibly befall 
us ; for if we should once suffer ourselves to be 
brought into a situation so horrible, it would be 
truly fortuitous if we should ever be reclaimed. 
But it may be considered by some that inas- 
much as the general and State governments are 
both in a state of anarchy, that Texas, being an 
appendage, must necessarily fall into the train. 
In answer to this, I say that the present situa- 
tion of Texas, in a political point of view, is 
peculiar to herself alone, and her destinies de- 
pend solely on her own action, having still within 
her reach the constitutional reins, and as such 
can control the machine called government into 
the proper and legitmate channel, or she can 
directly or tacitly embrace the destroying fiend 
called anarchy, which, it is well known, stalks 
abroad in the land seeking whom she may devour. 
Let Texas shun her poisonous embrace, and call 
forth the energies of her patriotic citizens to sus- 
tain her from the threatened labyrinth of anarchy, 



36 LIFE OF HENRY SMITH. 

military misrule and threatened ruin. To a su- 
perficial or casual observer, the political horizon 
of Texas would seem to be overcast and the foot- 
steps of anarchy already making their appear- 
ance. These ideas, although they may be treated 
as illusory by many, may soon prove sad realities 
and leave us without a remedy. 

But, as I before observed, Texas has every- 
thing she needs within her own control Her un- 
natural connection with Coahuila, a dissolution 
of which has been so much desired on the part of 
Texas, is now, by the act of the former, dissolved. 
Let Texas, then, abandon her to her fate. She 
has withdrawn herself by her own willful and 
unlawful act, forfeiting all claims to protection 
from the provisions of the civil compact; let her, 
then, quietly enjoy the blessings of anarchy. She 
was at best but an unnatural sister, and Texas 
could have expected nothing better of her than 
sooner or later she would act worthy of her noble 
self and become a prostitute to the first military 
chieftain who might think her worth wooing; she 
has by her own willful and abandoned conduct 
thrown herself without — let Texas, then, keep 
herself within — the pale and provisions of the 
constitution, which she has sworn to support and 
protect. Let the separation caused by the act of 



LIFE OF HENRY SMITH. 37 

Coahiiila be responded to by Texas and declared 
perpetual. Coahuila will, in this case, be left 
without plea or excuse. Having willfully commit- 
ted an act of treachery by plighting her faith and 
forfeiting all her guarantees, she can never be 
allowed to take advantage of her own wrong. 
Let Texas, then, immediately close in with her 
on her own terms; suffering her quietly to enjoy 
all the rights, privileges and benefits which she 
can derive from the reign of anarchy and military 
despotism. But Texas is certainly not compelled 
to follow in her train— she is left free to act for 
herself. Let her, then, act the wise and prudent 
part by sustaining herself within her own limits, 
under the auspices of that constitution which she 
has sworn to sustain and support, and thereby 
leave nothing dependent on the action of the 
general government. Texas would then occupy 
a position which she has long desired; if not en- 
tirely as she wished, as nearly so as circumstances 
at present will possibly admit. If she will act 
promptly and assume that position, it will be one 
against which the general nor no other govern- 
ment in the world can take exceptions; and by 
that and no other legitimate means can she save 
herself from anarchy. I deem it all-important^ 
then, that Texas be immediately consulted by her 
representatives from every section, (one or two 



38 LIFE OF HENRY SMITH. 

from each jurisdiction would be sufficient,) to 
meet in public cpuncil, to deliberate and deter- 
mine on the course the best calculated to promote 
the interests of Texas at the present crisis. If, on 
a fair scrutiny and inv^estigation of my fellow- 
citizens, my views (the outline of which is here 
delineated) should be found consistent and to ac- 
cord with the general interest, it would be well 
for the differen' ayuntamientos of this depart- 
ment to issue their writs and hold their elections 
as usual, and make their returns as formerly, in 
order that all the municipal offices be filled out 
in accordance with the constitution and laws, of 
which duties they are hereby notified and requir- 
ed to perform. In continuation, let the central 
committee at San Felipe, by virtue of the authori- 
ty vested in them by the former conventions, im- 
mediately convoke the people of all Texas, through 
their representatives, to meet in public council 
and formally protest against the further inter- 
ference of Coahuila within her domain; and that 
inasmuch as she has of her own choice forfeited 
her birthright, and with it all the guarantees ex- 
tended to her, in commxon with Texas, in the civil 
compact; that the latter, by virtue of those guar- 
antees declares herself henceforth and forever 
separate and detached from the former; and that 



LIFE OF HENRY SMITH. 39 

all acts emanating from the authorities of Coa^ 
huila, since her innovation, in anywise calculated 
to operate or interfere with the local or political 
affairs of Texas, will by her be considered as an 
infringement and treated as null and void. liCt 
all the offices which have been vacated (causing 
the present interregnum) be as speedily as possi- 
ble filled out, and as nearly in conformity with 
the provisions of the constitution as circumstan- 
ces will possibly admit, leaving nothing undone 
which would be in the least calculated to furnish 
within the limits of Texas a complete system of 
government as designated in that instrument. 
Texas, in doing this, would not only act worthy 
of, and afford herself protection, but would evince 
to the republic and to the world that, although 
her citizens are only exotics, they had found the 
climate and soil in which they were now settled 
congenial to their well being, and as such they 
were ever alive to the rights and privileges guar- 
anteed to them by that government, whose invi- 
tation they had accepted, whose wilderness they 
had settled, and whose constitution and laws they 
respected. She has once turned her face against 
innovation and military misrule ; let her, then, 
continue to act consistent and evince to the world 
that she possesses stamina of character (a chip 



40 LIFE OF HENRY SMITH. 

of the old block) and that her rights and privi- 
leges are immutable, and are not to be thwarted 
by the whims and caprices of every lawless mob 
who may think proper to set themselves up in 
opposition. If confidence can be placed in the 
representations of our representative, which is 
certainly worthy of the highest credit, (indepen- 
dent of which the same information has been 
transmitted to us from private gentlemen of the 
highest respectability, leaving the matter beyond 
any reasonable probability of doubt), the com- 
mittee, then, before alluded to, being appointed 
as a committee of vigilance, safety and corres- 
pondence, and, as it were, placed on the watch 
tower, will certainly deem this a matter worthy 
their attention^ and, if so, act promptly ; or other- 
wise publicly assign their reasons^ in order that 
some other mode of co-operation may be 
adopted. 

These, fellow citizens are my honest opinions 
on this all-important subject ; they are given to 
you freely, frankly and firmly ; I am fully alive 
to the importance of the subject, and have re- 
flected deeply on the consequences which may 
flow from the decision which you may make, 
and satisfied as I am in my own mind of the cor- 
rectness of my conclusions, I call upon you to 



LIFE OF HENRY SMITH. 41 

come forward on this important occasion, to act 
promptly and to protect yourselves. In a country 
situated like ours, so illy provided with the facil- 
ities of communication I fear that more danger 
is to be aprehended from the want of concert of 
action than the want of unanimity of opinion. 
This consideration alone should give activity and 
energy to all those who feel an interest in the 
welfare of their adopted country. I am well 
aware that there are many who will oppose the 
opinions that I have here expressed ; I know that 
they possess power and influence, and I also 
know that both will be exercised to controvert 
these opinions and to produce results contrary (as 
I conceive) to the true interests of Texas. But, 
fellow citizens, I warn you against taking the 
ipse dixit of any man for established truth, and 
I call upon you, who are the bone and sinew of 
the land, to think for yourselves and weigh well 
the all-important matter now submitted for your 
consideration and decision. If any should oppose 
you in your opinion, call ui)on them publicly to 
assign their reasons ; let them satisfy and con- 
vince you ere you follow in their train ; for it may 
sometimes happen that private interests will con- 
flict with the public weal, and that men may be 
found W'ho will sacrifice the latter at the shrine 



42 LIFE OF HENRY SMITH. 

of the former. Let none of my fellow citizens be 
so uncharitable as to attribute the views here ad- 
vanced to a spirit of dictation, or as having em- 
anated from the wild aberrations of a young 
aspiring or an ambitious man, for those of you 
who know me well know than I am contented 
with an humble sphere in life. But a nine years 
siege in the wilderness of Texas, suffering in com- 
mon with you all the privations and hardships 
naturally attendant on such a situation, sustained 
by hope and fondly anticipating the future, now 
to see that future suddenly overcast, depicting 
and threatening all the evils attendant on a state 
of anarchy and confusion; and being impelled 
by my oath of office to warn you of the approach 
of those dangers, will, it is hoped, be considered 
as sufficient reason to warrant the present appeal 
If, however, fellow citizens, upon a fair investi- 
gation of this important question, a majority of 
you should be in favor of a State government for 
Texas, on the principle heretofore attempted, you 
will certainly not find me in opposition ; having 
no other object in view than that of promoting 
the general interest, by providing and establish- 
ing for Texas a separate government, to which 
she is justly entitled, and without which her in- 
terests can not be sustained. I have maturely 



LIFE OF HENRY SMITH. 43 

deliberated on the situation of Texas, both as con- 
nected with the State and general government, 
and have recommended the former course in 
preference to the latter, for the reasons already 
set forth, having an honest conviction that under 
all the circumstances, it was the least exception- 
able. This, however, is a matter submitted to the 
sovereign people on which to deliberate and de- 
termine. I have just at this moment (when 
about to bring this communication to a close) re- 
ceived from a friend in San Felipe information 
that our Mexican brethren of Bexar were about 
to take the lead in forming a plan to effect the 
desired object, and that an express from them 
was hourly expected. This is as it should be, and 
bids fair to promote concert. Let the North 
American citizens of Texas then throw aside all 
their local prejudices and private animosities, 
and freely and honestly enter into concert to pro- 
mote the object so desirable, and on which de- 
pends the destinies of their adopted country. If, 
however, fellow citizens, after receiving this fair 
warning, you should still remain inactive and un- 
energetic, and not be sufficiently alive to protect 
your own vital interests, and suffer this fair por- 
tion of the State to be swept into the vortex of 
anarchy and ruin, I shall still have left one pleas- 



44 LIFE OF HENRY SMITH. 

ing and heartfelt consolation that if I have not 
ably, that I have at least honestly and faithfully 
discharged my duty. Henry Smith. 

In closing a letter dated Matagorda, Oct. 28, 
1834, Mr. Ingram writes, "I have given as many 
as possible an opportunity to read your " paper " 
and find it so far approved by all. Have you 
sent any to the west of the Colorado, among the 
American settlers on the Navidad and Lavaca. 
These people ought not to be neglected. They 
are highly respectable, both as to numbers and 
intelligence. I have reserved three or four for 
them, and will embrace the first opportunity to 
send them forward. 

Yours, respectfully, Ingram." 

The following is from Travis : 

San Felipe, Oct. 25, 1334. 
To Citizen Henry Smith, Political Chief, 

Dear Sir : — Yours, accompanied by the pack- 
age, came safely to hand, and I have distributed 
the latter throughout Texas, except a few which 
I will send by the mail on Tuesday next. Your 
views, set forth in the address, meet my appro- 
bation and co-operation, but they are opposed 
here by some influential men. I hope the people 
will take up the subject and express their spon- 
taneous opinion. 



LIFE OF HENRY SMITH. 45 

There will be a great many people here next 
week, at court, more than have assembled here in 
twelve months. I would advise you to be here. 
" Tlie Plan of Bexar^^ I have seen by breaking 
open the package addressed to you, which I now 
send. This plan will take with the people. I 
hope you will co-operate with the people of Bexar. 
Let us meet their advances. It is all important 
to our success, and in future to have them with 
us. Now is the time to secure their influence in 
our favor. 

They have united both parties at Bexar (Mex- 
icans) and have completely committed them- 
selves to the "Plan." They will now stand by us 
for they have thrown themselves into our arms 
and upon our protection. They lean upon us for 
support. Let us improve the golden opportunity 
and send commissioners to meet them, even if 
we instruct them to differ with those at Bexar. 
Decency, etiquette and official dignity require 
something from us in answer to them. Let us 
drop the central committee and not depend upon 
it. To succeed, we must act through the legal 
authorities. Although I am a member of that 
committee, I think it has never done any good. 
Bexar expects an answer, and I hope you will 
send up your answer in time to go by the next 



46 LIFE OF HENRY SMITH. 

mail, which I will detain for that purpose. 
I again urge you to come up here. You can 
do more here at your legal post than there. Your 
presence will put down opposition in a great 
measure. If you do not come, let me suggest 

that you write to — and Dr. James B. Miller 

and consult them. When men think they have 
a right to be consulted it disgusts them to be neg- 
lected. Excuse the liberty I take, as it is done in 
the purest spirit of friendship. 

Yours ever, Wm, Barrett Travis. 

As Political Chief, "Citize i" Henry Smith ad- 
dressed the following communication to Don 
Juan Isl. Seguin, Political Chief of the Depart- 
ment of Bexar: 

Brazoria, 4th of Nov., 18:M 
Most Excellent Sir: — 

Having received from your excellency a copy 
of the resolution of the worthy inhabitants of the 

9 

department over which you preside, setting forth 
in its true light the entire anarchy which pre- 
vails throughout the State of which we form a 
part, with the proposed Plan of forming, on a day 
set, a provisional congress in your city, for the 
laudable purpose of devising ways and means to 
prevent the further encroachment of those much 
to be dreaded evils; feeling as I then did, and 



LIFE OF HENRY SMITH. 4 i 

still do, the necessity and propriety of the meas- 
ure proposed, I gladly embrace the opportunity 
to accept of your offer and immediately inform 
your excellency that I would co operate with you 
on the plan proposed, and at the same time in- 
form you of the lack of time, with a request that 
you would adjourn the congress from day to day 
until it is filled out. 

I am extremely sorry to inform your excel- 
lency that owing to the scattered situation of the 
ayuntamientos of my department, and the great 
disorganization which prevails among them, not- 
withstanding I have ordered them to elect and 
send their representative as proposed, in all 
probability but few if any will be able to com])ly. 
The shortness of time, not having received your 
communication until the 28th of October, ren- 
dered it out of my power to satisfy the people of 
the necessity and propriety of adopting the meas- 
ure. I had, previous to the reception of your ex- 
cellency's proposition, made a similar call upon 
the people for organization. That call met with 
much opposition, principally through a violent 
party spirit, which has, unfortunately, been of 
long standing; and the party are now invigorat- 
ing themselves by working on the sympathies of 
the people, owing to the confinement of Col. Aus- 



48 LIFE OF HENRY SMITH. 

tin at the City of Mexico — telling them that it is 
on their account that he has been doomed to suf- 
fer so much, and that any move on their part 
would only tend to augment his suffering ; and 
"to remain quiet and everything will soon be 
right" — or, in fact, that nothing is now wrong. 
This party is ever vigilant and, as it were, on the 
wing, endeavoring to counteract every popular 
move in the people except it should be recom- 
mended by themselves. I am sorry to say that I 
am induced to believe that this party (that is, the 
prime movers of it,) dread organization for fear 
of investigation, which they apprehend as the 
greatest evil which could possibly befall them. 
This opposition, however, has not discouraged 
me from persevering in the discharge of my duty, 
and I confidently hope and believe that as .scon 
as the people can be properly informed on this all 
important subject, they will see the necessity and 
l)ropriety of the plan proposed, and comply with 
what I know to be their duty. In the mean 
time I must beg of your excellency and the good 
people in your department to consider the widely 
scattered population of this department, and the 
very great inconvenience of disseminating infor- 
mation among them, and still to remain firm to 
your purpose of bringing about the co-operation 



OFE OF HENRY SMITH. 49 

of all Texas. I am confident in my own mind 
that the people of this department will act when 
they become informed, and when they do, they 
will act in a proper and constitutional manner. 
Presuming that you have also communicated 
with the Political Chief of Nacogdoches on the 
same subject, and that his department may not 
be so much disorganized as my own, nor so much 
contaminated by the workings of party spirit, and 
hence he may be able to co-operate with you on 
the plan proposed. If so, this department, seeing 
the propriety and necessity of the measure, would 
no doubt coincide with what the other depart- 
ments of Texas might think proper to do , and in 
the mean time I will, in spite of all party opposi- 
tion, endeavor to convince my fellow citizens of 
the absolute necessity of their proper action on 
the subject. I would be glad, from time to time, 
to communicate with your excellency on that and 
other subjects calculated to promote the interest 
of our common country. 1 will, on the constitu- 
tional plan, have all the municipal offices of my 
department filled out, with a con fiden t hope that be- 
fore Texas will be brought to feel the entire want 
of govei nment, her different departments will be 
brought to act in unison, and co-operate to rein- 
state and restore, in a proper manner, a healthy 



50 LIFE OF HENRY SMITH. 

and legitimate government from the scattered 
fragments of her violated constitution. Confi- 
dently hoping and believing that this will be the 
case, I have the honor to tender to your excel- 
lency, and through you to the worthy citizens of 
your department, my highest respect and consid- 
eration. God, Mexico and Federation. 

Henry Smith, 
Political Chief Dep't of the Brazos. 

On the 8th of November an election was held 
to elect two delegates to represent the jurisdiction 
of Brazoria in the proposed convention at Bexar, 
at which Henry Smith received every vote cast, 
with Dr. Branch T. Archer as his colleague. The 
convention, however, never assembled. 

Here follows another letter from the pure 
and gifted Travis • 

San Felipe de Austin, Nov. 1, 1834. 
Citizen Henry Smith, Political Chief, etc. 

My Dear Sir:— Your several letters have 
reached me and I regret that I have not had time 
to answer them before, as our court has been in 
session for a week past and business has over- 
whelmed me. 

I snatch a moment to say that I circulated 
the "officials" as you desired, but public opinion 
runs so high against any change that I doubt 



LIFE OF HENRY SMITH. 51 

whether anything can be done towards an organ- 
ization of Texas at this time. 

The central committee have met and you 
have, doubtless, by this time, seen their proclama- 
tion or report. The majority were against me 
and 1 knew it was useless to oppose them. In- 
deed, unless the people were more favorable to 
the plan than they are here, I should say let us 
remain quiet. For unless we are all united Texas 
can never sustain herself alone. 

I have always been in favor of a State gov^ 
eminent and always shall be, provided we can be 
united and get it on peaceable terms. 

I had thought that this would be a favorable 
opportunity to accomplish it; but there is such an 
overwhelming majority opposed to it, that it 
would be idle to attempt it. The farmers, the 
bone and sinew of the country, are unanimous 
against it. They are all doing well, and as long 
as people are prosperous they do not desire a 
change. Moreover, it is thought that any move- 
ment in Texas at this time would prejudice the 
situation of Col Austin, whose popularity was 
never so high as it is now. His sufferings have 
excited the sympathy of the people in his favor, 
and it is right that they should, for he has suf- 



52 LIFE OF HENRY SMITH. 

fered in their service by faithfully representing 
their views and wishes. 

I have not time to say more at present. I en- 
close you the copy of a handbill sent to you by 
the Secretary of State, which was issued on fhe 
election of Viesca to the general congress. It is 
in Spanish and English, on silk and paper — quite 
a compliment. 

Your presence is very necessary here. There 
is no news worth communicating. 

W. Barrett Travis. 

P. S. — I send you several communications by 
Mr. Eussell, and I regret to say that it will be 
next to impossible to convene the Ayuntamiento 
at this time, as two of the members are in the 
upper colony, one hundred and fifty miles from 
here. 

I still am more decided in opinion that noth- 
ing can be done for Texas. It is not a faction 
that are opposed to organizing. In this jurisdic- 
tion it is the people, and that almost unani- 
mously. 

I am, however, for Texas, right or wrong, 
and never will oppose anything for her benefit. 
But unless we can be united, I again repeat, it 
would only be to make confusion doubly con- 



LIFE OF HENRY SMITH. 53 

founded to attempt to do anything towards a 
change 

I am sorry that pubhc opinion is so much 
against my own, but when I know and feel 
that it is, I can but sul^mit. '' C " and myself 
will forward your communication to Bexar. 

Yours sincerely, Travis. 

The following from Dr. James H. C. Miller, 
the gallant commander in the Indian fight on the 
San Marcos, a few months later, explains itself : 

Gonzales, Nov. 4, 1834. 
Citizen Henry Smith, Political Chief. 

Excellent Sir: — Your favor of October 2()th 
came to hand, disclosing your views of the most 
expedient course for Texas to pursue in the pres- 
ent crisis of her affairs. 

I am much gratified in learning your senti- 
ments on this subject, inasmuch as they are the 
views which I have entertained for some time; 
indeed, since the period of the revolution (in 
Mexico). 

Eighteen days ago Judge Chambers arrived at 
this place from the interior. He here communi- 
cated his views, both private and officially, with 
the interesting intelligence that our Mexican 
brethren at Bexar were inviting us to co-oi)erate 
with them in planning some form of exclusively 



54 LIFE OF HENRY SMITH. 

Texian government. Indeed he bore the commu- 
nication of his excellency, the Chief of Bexar, 
(which you have no doubt by this time received,) 
calling on the other Chiefs to join in effecting 
the organization of a "Provisional Congress" at 
Bexar. 

In conversation with the Judge, I suggested 
whether it might not be more expedient to or- 
ganize under the old constitution of the State, 
assuming the principle that we have been aban- 
doned by Coahuila, and thence, as occasion 
should require, proceed to modify the instrument 
the better to suit the peculiar state of Texas, as 
of necessity, thus laying the grave charge of con- 
duct inconsistent therewith upon her, rather than 
by declaring a positive separation and adopting a 
new constitution, to become obnoxious to the 
same charge ourselves. 

This course did then seem to me most politic 
and at the same time most just to ourselves. 
Further reflection had rendered this opinion a 
settled question, and now, excellent sir, allow me 
to say that by your able "exposition" you have 
made me only more decided in the conviction 
that some things in the consideration of this mat- 
ter will present themselves: 1st. — That Texas is 
yet in a situation which renders future negotia- 



LIFE OF HFTmT SMITH. 55 

tions on finally settling this question of ''rights'' 
a thing to be preferred by us to a war. 2d. — That, 
reduced to the necessity of having some govern- 
ment at this crisis, the mode you submit will 
have the merit of being less violent in its 
change and therefore have the acquiesence at the 
least of the Mexican population of the country. 
3d. — That it will be to us everything that a State 
government would be, Ivithout its evils or cost. 

Impressed, excellent sir, with the weight of 
these truths, to me self evident, I have to assure 
your excellency that you will be seconded by me 
in whatever I may do in consummating the plan 
suggested by you, and carrying it into due 
effect. 

At the same time, desirous of promoting the 
best interests of my adopted country, and fore- 
seeing alarming evils in bitterness and disunion 
among us, though such are my views and rule of 
action, yet, if Texas shall, by a majority of the 
representatives of her people, decide on going into 
a State government, even by a mode less proper, 
yet, I say I shall act with them, for some govern- 
ment, even though it adopt that plan, is indis- 
pensable. 

Permit me, sir, to make my excuse for my 
communication, in the necessity for a cordial co- 



56 LIFE or HENRY SMITH. 

operation among the friends of the country, 
though personally unknown to each other. 
With sentiments of high consideration, 
I am, excellent sir, yours respectfully, 
James H. 0. Miller. 

The following from his friend, Travis, shows 
the status of the central committee and the peo- 
ple in and around San Felipe : 

San Felipe de Austin, Nov. 13, 1834. 
My Dear Sir: — 

Yours of the 7th is before me, and I am sorry 
to say I was absent at Fort Settlement when it 
arrived, so that the mail departed before I re- 
turned, and your dispatches for Bexar have not 
yet gone. I will send them by the very first con- 
veyance. 

I am extremely sorry the people could not 
harmonize on the State question, but so it is ; 
there is such a majority against it that nothing 
can be done, as I told you hi my last. 

Accounts from Nacogdoches and Liberty 
state that the majority there is even greater than 
here against the measure. Reports from Mata- 
gorda are equally discouraging. 

I am told that the elections have been held 
generally in the Dej^artment of Bexar. 

You complain of the report of the central 



LIFE OF HENRY SMITH. 57 

committee. I agree that there are many ilUberal 
remarks in it and that injustice is therein done 
to you. But it could not be helped. My voice in 
the committee was only one against six. It was 
therefore useless to oppose the views of the com- 
mittee, especially when tne same view of the sub- 
ject was taken by the great mass of the people, 
whose will must be obeyed by all. I found my- 
self almost alone. All my friends were opposed 
to my "\dews. I could do dothing but yield to the 
voice of the majority, no matter what my indi- 
vidual opinion was, and that opinion you have 
long since had, for I have never had but one on 
the subject of a State, which I hope will in time 
prevail. But we must wait patiently for the 
moving of the waters. The course of events will 
inevitably tend to the right point, and the people 
will understand their rights; yea, and assert 
them too. 

Your presence is absolutely necessary here. 
The nominations for Judges of the Municipalities 
have been sent up to this office and the commis- 
sions ought to be made out forthwith, or the peo- 
ple will be without judges next year. Many 
other matters demand your official a,ttention 
here. 

No matter what others may say, I have ever 



58 LIFE OF HENRY SMITH. 

believed in your honesty and integrity of purpose, 
and that you will fearlessly and faithfully dis- 
charge your duty. 

I hope soon to see you at your post where 
duty calls you, zealously laboring in the cause of 
public good, and thereby defeating the machina- 
tions of your enemies.* 

Your friend, Wm. Barrett Travis. 

From the jurisdiction of Matagorda came the 
following : 

Old Caney, Nov. 14, 1834. 
Citizen Henry Smith. 

Dear Sir: — Your letter, by Dr. Ervine, to- 
gether with communications to the Ayunta- 
miento of Matagorda, came to hand, and the 

doctor was good enough to take them to 's 

house, who disapproved of the measure proposed, 
but said he would obey the order. But from what 
I learn he only advertised the election at Smith's 
shop, a rather secluded part of Bay Prairie. I 
have enquired and can hear of no other place. 
There was nothing of it known in Matagorda. I 
visited that place and believe the majority there 
and in Bay Prairie would have gone into an 
election, but it has been defeated by this neglect. 

* Referring to those opposed to any official action to prepare safeguards for the 
future. 



LIFE OF HENRY SMITH. 59 

I advised the people to attend to it. But now I 
think the best we can do is to remain quiet and 
see to what extent the disorder will run. In the 
mean time keep ourselves as quiet spectators, and 
time will show the propriety of present meas- 
ures. Very respectfully, R. R. Royal." 

It seemed impossible that men, perhaps equal- 
ly loyal to their adopted country, yet differing so 
widely in their views of what was most for her 
interest, could lay aside the prejudices and bitter- 
ness that had been engendered. The attitude of 
parties towards each other had become almost as 
hostile as that of their common enemy. But the 
constant encroachments of the latter, with the 
sudden conviction of a common danger crowding 
upon them, at last effected that which entreaty 
had failed to accomplish. Their hesitating steps 
towards a convention were thus quickened and 
opposition at last thrown to the winds. 

TRAVIS CAPTURES A GARRISON. 

The following letter from Travis to Citizen 
Henry Smith, just after he ceased to be Political 
Chief, will be found of interest : 

San Felipe, July 6, 1835. 
My Dear Sir: — I hasten to write you a line 
by Mr. M. W. Smith, who is on hand to start for 
Columbia. 



60 LIFE OF HENRY SMITH. 

I have only time to say that I returned last eve- 
ning from a successful expedition to Anahuac. 
On the 21st ultimo resolutions were adopted here, 
recommending that in connection with the gen- 
eral defence of the country against military 
sway, the troops at Anahuac should be disarmed 
and ordered to leave Texas. In addition to that 
I had been invited to go to Anahuac for the above 
purpose, by several of my friends who are the 
principal citizens of that place, and who were suf- 
fering under the despotic rule of the military. 

Under these circumstancs, I set out for Gal- 
veston Bay, raised a volunteer company of twenty 
men on Buffalo Bayou and San Jacinto, and be- 
ing elected captain of the company, I proceeded 
to Anahuac in the sloop Ohio, with a six-pounder 
mounted on board. We landed on the 29th, took 
possession of the place and commenced active 
offensive operations. On the mor .ing of the 30th 
the troops, about forty in number, capitulated, 
delivered us sixty-four stands of arms (muskets 
and bayonets) and agreed to leave Texas imme- 
diately under parole, never to serve against the 
people of Texas. I sent them, bag and baggage, 
to Harrisburg on board the sloop, and they are 
now on the march, without arms, to La Bahia, 

This act has been done with the most pat- 



LIFE OF HENRY SMITH. 61 

riotic motives, and I hope you-and my fellow cit- 
izens generally will approve it, or excuse it. 

As to the aspect of affairs here there seems to 
be some dissention. An unholy band of specula- 
tors have taken a very active part and have at- 
tempted to force others to join in their views. It 
has disgusted many, and nothing they propose 
will go down. Offensive measures seem to be 
abandoned by the people, but I believe that all are 
determined to defend the country within our own 
limits to the last extremity. The 400 League 
Purchase and the authors of it will, I think, sink 
into insignificance. Public indignation is prop- 
erly kindled against them and wo betide them if 
they ever attempt to rule Texas as they have 
done and to persecute those who are not willing 
to follow their zigzag course. 

Let us be united and firm and all is safe. 
Let party strife cease for the moment. Common 
safety requires it. 

Do write me immediately. The above is 
hasty and so please excuse. 

As ever, your friend, Travis. 

This letter of July 6th, 1835, to Governor 
Smith, late Political Chief of the Department of 
the Brazos, recounts graphically the intermediate 
step between the initial triumphs at Velasco, 



62 LIFE OF HENRY SMITH. 

Anahuac and Nacogdoches in June and July, 
1832, and the final opening of actual hostilities 
and revolution at Gonzales on the 28th of Septem- 
ber, 1835. It will be remembered that Col. Aus- 
tin, in his letter from Matamoros of 30th May, 
1883, stated that George Fisher would be sent 
from Mexico to Galveston Bay as an officer of 
customs with a sufficient guard of Mexican sol- 
diers to protect and enforce his authority. These 
soldiers, overcome by Travis and allowed to leave 
the country, were there under the orders referred 
to by Austin. 

In closing a letter of August 4th, Travis, 
after expressing his great anxiety for unity of 
action, adds, ''But it is unnecessary for me to 
stimulate you on a subject which I know you 
have always had at heart." 

We quote thus freely from Travis, because 
his letters carry along the thread of events as 
they transpired, hastening the movements of the 
people, and his own career, to a speedy ending. 

Before introducing other matter, let it be un- 
derstood that, as foreshadowed in Austin's Mata- 
moros letter, Anahuac was garrisoned by a com- 
pany of Mexican troops, and that the notorious 
scoundrel known as "English Thompson" was 
on the coast as a naval officer in command of the 



LIFE OF HENRY SMITH. 68 

Mexican war schooner Correo. He was both a 
ruffian and a tyrant, and had, as assumed com- 
mander of all the ports on the Texas coast, made 
himself odious to the people. He was the moving 
spirit in so directing the garrison at Anahuac as 
to demand their expulsion from the country. 
After their departure by land, as stated by 
Travis, Thompson, from his vessel in Galveston 
bay, sent forth this 

PROCLAMATION TO THE CITIZENS OF ANAHUAC, ETC. 

Having seen by advertisements posted in 
front of principal stores in this city, signed by 
Judges Williams and Harding, under the pre- 
tence of having received orders from the Gefe- 
politico of these districts, and having in my pos. 
session a copy of a written document purporting 
to be signed by H. S. Raguet, dated Nacogdoches, 
July 3d, 1835, ordering the inhabitants of this 
place and vicinity to meet and elect officers for 
the purpose of organizing a militia, all of which 
are contrary to the laws of the government : Be 
it therefore known that I, T. M. Thompson, com- 
mander of the Mexican United States' schooner 
of war Correo, now at anchor in this port, do 
warn all good citizens from attending such meet- 
ings, and that none may plead ignorance here- 
after, do publish and declare, in the name of the 



64 LIFE OF HENRY SMITH. 

Mexican nation, all such meetings to be illegal, 
dangerous, unnecessary and contrary to the con- 
stitution. The General Congress have passed a 
law, which is now in force, ordering every State 
to disband their militia, and I here find that in 
defiance of the government, you are organizing 
and arming yourselves, and have forcibly seized 
upon the arms of the Mexican nation. And for 
what? They tell you of dangers that do not ex- 
ist — ^all Mexico is at peace and will continue to 
be so, if your own rashness does not lead you 
astray. Citizens of Anahuac, beware ! Listen 
not to men who have no home, who have no fam- 
ily, who have nothing to lose in case of civil war, 
and who, by merely crossing the Sabine, can put 
themselves out of the power of the Mexican na- 
tion, leaving yourselves, wives and children a 
prey to the infuriated soldier, without protection 
and without friends. Citizens of Anahuac, re- 
main at home, occupy yourselves in your daily 
avocations for the maintenance of your families, 
have confidence in the general government and 
all will be well. With all due respect and con- 
fiding fully in your good judgment, I subscribe 
myself your esteemed friend and fellow citizen 
on board. God and liberty. 

Thomas M. Thompson. 
July 26th, 1835. 



LIFE OF HENRY SMITH. 66 

The following affidavit fully explains itself : 
Velasco, August 29th, 1835. 

The undersigned, citizens of the department 
of Nacogdoches, in Texas, do hereby certify that 
on or about the 25th of July they sailed, m com- 
pany with several other persons, from the town 
of Anahuac, to visit several places on Galveston 
Bay, and that Captain Thomas M. Thompson, 
commander of the Mexican schooner of war, 
Correo, then lying at anchor in this bay, weighed 
anchor on the same day, and invited ourselves 
and party on board his schooner, as we sailed 
together down the bay, which invitation was ac- 
cepted, and while on board said schooner the 
owner of the sloop in which we sailed requested 
Capt. Thompson to give him a permit for his 
sloop to proceed in a few days to Velasco, with the 
subscribers, which permit the Capt. Thompson 
promised to give at Galveston Island. On our 
arrival at said island a few days after, however, 
the captain sent his boat out to us, but sent no 
permit, and proceeded the next day to sea, stating 
that he was bound for Matamoros. In the course 
of conversation on board the schooner, the cap- 
tain said to us that he was authorized to cruise 
from Matamoros, along the coast, to the Sabine 
river, and that he was commandant of the ports 
included in those limits. 



66 LIFE OF HENRY SMITH. 

And the subscribers further certify that on 
or about the 10th instant they had engaged the 
sloop before mentioned, to sail from Anahuac to 
Velasco, and had put their property and provis- 
ions on board, but were prevented from sailing 
by head winds; that, during this delay, Capt. 
Thompson returned to Anahuac, and embargoed 
the sloop in which the subscribers had intended 
to sail, although there was at the same time a 
schooner about the same size and more seaworthy 
lying idle in the port ; that the said Thompson 
being called on for an explanation, said that he 
had fallen in with Capt. Pettit of the schooner 
Bravo, who had given him dispatches from Gen- 
eral Cos, directing him to return to the bay of 
Galveston and await the arrival of troops at that 
place, and that having important despatches and 
officers on board his vessel for Matamoros, he 
was under the necessity of having a vessel for 
that purpose, and that no other than the one he 
had taken would answer; that the property of 
the subscribers was ordered to be put ashore 
and the vessel taken alongside th? Correo and re- 
fitted. 

And the two subscribers, A. C. Allen and A. 
J. Yates, further state that they were subse- 
quently informed by an officer on board the Cor- 



LIFE OF HENRY SMITH. 67 

reo, that the said Thompson did not take said 
sloop for the purpose of sending her to Mata- 
moros, but merely to cruise on Galveston Bay ; 
and further said that Capt. Pettithad given Capt. 
Thompson no new despatches, and it is in the 
knowledge of all the subscribers, from the owner 
of the sloop, or his agent, that said owner, fear- 
ful of losing his vessel entirely, proposed to 
Thompson that he should purchase her, and 
Thompson offered one hundred dollars therefor, 
which amount said owner was compelled to ac- 
cept, though the same was not considered more 
than half her value. And said Thompson fur- 
ther stated to the subscribers that he had de- 
clared the port of Brazos in a state of blockade, 
and should take all vessels entering there as 
prizes ; that he had notified Capt. Pettit to that 
effect, and should take him if he fell in with him. 
That the steamboat Cayuga was also a prize, and 
he intended to take her as such at the first oppor- 
tunity. That he had landed three hundred 
troops at Copano and that a full and sufficient 
force under General Cos would be immediately 
introduced into Texas to retain it in submission. 
And I. N. Moreland, one of the subscribers 
hereto, further said that he heard the said 
Thompson offer one thousand dollars reward for 



68 LITE or HENRY SMITH. 

the apprehension and dehvery of Capt. Travis to 
him, and adding thereto that he, Thompson, 
would swing said Travis at his yard arm in less 
than half an hour after his delivery ; and A. C. 
Allen further states that he applied to said 
Thompson for a permit for the small schoner ly- 
ing in said bay, to proceed to Velasco with the 
subscribers, and return with five barrels of flour 
and eighteen bags of coffee, of which articles the 
families and stores in Anahuac were nearly des- 
titute at the .time, and said Thompson refused 
said permit. ****** 

And said Moreland further says that he heard 
said Thompson say that all vessels and persons 
thereof, found sailing in the waters or on its 
coast without a permit from him, or in his ab- 
sence from the Captain of the Port, when found, 
were liable to be seized and pressed into the Mex^ 
ican service. 

A. J. Yates. 

I. N. Moreland. 

A C. Allen. 

Sworn and subscribed before me, August 

29th, 1835. 

J. Brown, Commissario. 

The country around San Felipe was divided 
in opinion as to the course of Travis in disarming 



LIFE OF HENRY SMITH. 69 

and sending out of the country the soldiers at 
Anahuac. He felt the shafts of calumny, as the 
following letter to his friend will show : 

San Felipe, August 5th, 1835. 
My Dear Sir : — 

I have this moment received your letter of 
the 3d inst., and I thank you for its contents. It 
breathes the advice of a true friend and corres- 
ponds with what has been my opinion all the 
time. I very reluctantly consented to publish 
that document at the earnest request of numer- 
ous friends, particularly Nibbs and Wharton, etc. 
I wrote it over once or twice, and still it did not 
please me. Mr. Wharton proposed to alter it, and 
I have given him directions to do so ; but if the 
card had not.gone out I should certainly be silent, 
for I know my motives were pure. I know I 
acted by the consent and approbation of the po- 
litical authorities. I know that the people here 
all favored the measure, and I went into it be- 
lieving it to be right and that it would meet the 
approbation of all— and, as you say, time can only 
determine whether it was a good or bad meas- 
ure. 

I was only an individual actor in the busi- 
ness. I joined the volunteer comj^any which had 
collected for the purpose of taking Anahuac and 



70 LIFE OF HENRY SMITH. 

was elected its commander without my knowl- 
edge or solicitation. I see no reason why I 
should be singled out as the responsible person. 
Indeed, most men in this part of the country are 
satisfied with my course, and the public gen- 
erally will be, I think, when they reflect on the 
matter, knowing the facts. Conscious that ] 
have not intentionally erred, I bid defiance to 
any who may be disposed to persecute me, and 
feel assured that I have numerous friends to sus- 
tain me in it. 

Do consult with J. A. Wharton as to what is 
best, and do it according to your united judg- 
ment. If that pledge in the card could be gotten 
over, I should feel satisfied to say nothing ; but 
as I do not see how that can be done, suppose you 
publish the resolutions, with a dozen lines of ex- 
planatory remarks in my name. At all events 
let what is published be short and not in the tone 
of an apology, as I feel that I have none to 
offer. 

You have my views of a convention in my 
letter of the 3d inst., sent by Wharton, I see no 
reason to change them. It may do to wait a little, 
but it seems to me important that the whole peo- 
ple should be consulted as to the course to be pur- 



LIFE OF HENRY SMITH. 71 

sued by Texas in the event of a central govern- 
ment being established. 

Mr. Wharton can give the news which came 
by last mail. Please show this letter to him and 
request him to act in accordance with it and he 
will receive my hearty thanks. 

Your friend, W. Barrett Travis. 

We have not been able to procure a copy of 
the card to which Travis refers, and its contents 
must be inferred from the tenor of his allusions 
to it. 

A GRAND STEP TOWARDS THE REVOLUTION. 

At an adjourned meeting of the citizens of 
Columbia, held at the town of Columbia, on Sat^ 
urday, August 15, 1835, among other resolutions 
were the following : 

1. ^^ Resolved, That a consultation of all Tex- 
as through her representatives is indespensable.^^ 

2. ''^Resolved, That a committee composed 
of fifteen persons, to be called a " Committee of 
Safety and Correspondence " for the jurisdiction 
of Columbia, be elected." 

3. ^^ Resolved, That we invest the "Commit- 
tee of Safety and Correspondence," as our agents, 
with full power to represent the jurisdiction of 
Columbia, to use the most efficient means to call 
a consultation, and to use all means in their 



72 LIFE OF HENRY SMITH. 

power to secure peace and watch over our 
rights." 

In comphance Ivith the second resolution, the 
following gentlemen were elected a "Committee 
of Safety and correspondence:" 

Henry Smith, John A. Wharton, Silas Dins- 
more, James F. Perry, John G McNeel, Robert 
H. Williams, Wm. H. Jack, F. A. Bingham, John 
Hodge, Wade H. Bynum, Dr. Branch T. Archer, 
Wm. T. Austin, P. Bertrand and Isaac T. Tins- 
ley. Wm. H. Wharton, Chairman. 
Wm. T. Austin, Secretary. 

On seeing the proceedings of this meeting, 
the ever faithful Travis sent the following : 

San Felipe, August 24, 1835. 
My Dear Sir: — 

I received yours of the 15th yesterday, and 
am much gratified at the result of your meeting 
at Columbia. I hope all Texas will follow the 
example. This neighborhood is unanimous for a 
grand council of all Texas— but I am told that 

is violently opposed to it, and has sworn 

that it shall not be held; that there shall be a 
counter-meeting and counter-resolutions at Col- 
umbia. This is only rumor, however, as I have 
not seen him lately. 

I shall probably send you some articles for 



LIFE OF HENRY SMITH. 73 

publication upon the affairs of Texas. If I do, I 
will thank you to have them transcribed by a 
confidential hand and published under your 
inspection. But I do not wish the printer, or 
anybody else, except Wharton, to know the 
author. I admire the spirit of the people of Ye- 
lasco. Let the towns be once garrisoned and we 
are slaves. Give my respects to Wharton, and 
believe me as ever your friend. 

To Henry Smith. ^- ^- '^^^'^^ 

Advices from Mexico, through Dr. James 
Hewetson, of Saltillo, were that about the 23d of 
August, orders were issued to speedily establish 
large garrisons at San Felipe, Nacogdoches. Ten- 
oxtitlan, Anahuac and Velasco, and it became 
known that Gen. Cos had already reached San 
Antonio with several hundred men — the evident 
intention being to expel large numbers of Amer- 
ican patriots from the country and overaw^e the 
remainder. Travis, in this crisis, communicated 
these startling rumors to his friend Smith, by 
letter dated September 1 5th, the day on which 
Col. Austin reached the mouth of the Brazos, from 
Mexico, to find the people ripe for action, rapidly 
organizing and everything indicating an appeal 
to arms. 



^4 LIFE OF HENRY SMITH. 

In the fullness of his heart, Travis wrote : 
"Principle has at last triumphed over preju- 
dice, cowardice and selfishness. The tories are 
routed, horse and foot. The unqualified submis- 
sion men are ashamed to hold up their heads. 
You will be agreeably surprised to hear that the 
whole upper country has come out almost unan- 
imously for a convention. Nacogdoches and the 
whole East have come out for it. I have just 
heard similar accounts from Matagorda. We are 
to have a great meeting here on the 12th on the 
subject, when I think it will be carried by an 
overwhelming majority. All will become united 
in resistance to a military government. Coa- 
huila and Texas have been created into a military 
government and Col. Bradburn is now at Mon- 
clova organizing the same. The news is given by 
a letter from Dr. Hewitson, of Saltillo, which was 
received here yesterday. 

Your friend, Wm. Barrett Travis. 

Tidings of this kind sent a thrill of joy 
through the heart of Henry Smith, who saw in 
them the glimmerings of the early independence 
of Texas. 

On the 18th of September Travis briefly 
wrote his friend : 

"Your district has much talent. I have been 



LIFE OF HENRY SMITH. T5 

lamenting that there was not room for all. lam 
extremely anxious for you to be in that conven- 
tion. I want to see that body composed of men 
talented, firm and uncompromising. 

Your friend, Travis." 

At the election for delegates to the consulta- 
tion, or convention, to assemble at San Felipe on 
the 16th of October, Brazoria elected Henry 
Smith, John A Wharton, Edwin Waller and J. 
S, D. Byrom. 

The following notification of the election of 
Governor Smith manifests the light in which he 
was held by the distinguished orator and patriot 
by whom it was written: 

Brazoria, October 9j, 1835. 
Citizen Hem^y Smith: — 

My Dear Sir: — It affords me great pleasure 
to announce to you that your fellow citizens of 
the Jurisdiction of Columbia have elected you to 
represent them in the consultation of the 16th of 
October. 

The high opinion I entertain of your integ- 
rity and ability satisfies me that you will prove 
yourself every way worthy of the great confi- 
dcence reposed in you. 

To the high mark of distinction which your 
fellow citizens have paid you, I am prompted to 



76 LIFE OF HENRY SMITH. 

add my individual considerations, and at the same 
time to assure you tliat no result could afford me 
more pleasure. Your obedient servant, 

Wm. H. Wharton, 
Chairman of Committee of Safety. 

The consultation met at San Felipe on the 
16th of October, calling R. R. Eoyal, of Mata- 
gorda, to the chair, and Samuel Whiting acting 
as Secretary. On calling the roll it was found 
that there was not a quorum present, quite a 
number of the members elect having gone with 
the volunteers assembling at Gonzales, It was 
therefore resolved to adjourn to November 1st, 
'^so as to afford an opportunity for those who 
may desire it, to join the army in the defence of 
their country." 

The consultation met again on the 1st ot 
November, 1835, but a quorum did not appear 
till the third, when Dr. Branch T. Archer was 
elected President, and P. B. Dexter, Secretary. 

R. R. Royal^ as chairman of a committee, or 
quasi council, of one from several different muni- 
cipalities that had been located in San Felipe 
since July, reported their action and surrendered 
to the convention all their papers and correspond- 
ence. 

Thus was inaugurated the first organization, 



LITE OF HENRY SMITH. 77 

springing directly from the sovereignty of the 
people, designed to oppose by arms the destruc- 
tion of their liberties by the military despots and 
usurpers of Mexico. 

Yet there was much variance of opinion and 
more or less bitterness of spirit between those in 
favor of independence, of whom Henry Smith, 
John A. Wharton and Branch T. Archer were 
champions and recognized leaders, and those who 
advocated resistance to the usurpers in favor of 
the Federal Constitution of 1824 — an instrument 
already trampled in the dust in every part of 
Mexico, even in Coahuila, the ruling portion of 
the united State of Coahuila and Texas. 

On the 3d, Sam Houston offered the following 
resolution which was unanimously adopted: 

"Whereas, the "General Convention of all 
Texas Assembled," have learned, with great pleas- 
ure, that a detachment of the army of the people 
under the command of Col. James Bowie and 
Capt. J. W. Fannin, on the morning of the 28th 
of October, encountered a detachment of the 
army under Gen. Cos, consisting of about four 
hundred men, cavalry and infantry, while their 
force only consisted of ninety-two men, rank and 
tile, near the Mission of Concepcion, and obtained 
a complete victory over them, while the loss of 



78 LIFE OF HENRY SMITH. 

the Anglo-Americans was only one man danger- 
ously wounded, and the loss of the enemy was 
sixteen found dead on the field of battle, with the 
supposed loss of sixteen more borne off; there- 
fore 

^'Resolved, That the thanks of this Conven- 
vention be rendered to Gen. Stephen R Austin, 
Commander in Chief, Col. James Bowie and Capt. 
J W. Fannin, with the troops engaged in the 
action, as a tribute due to their heroism, gallantry 
and valor in the defence of the rights of Texas 
and constitutional liberty." 

On the 9th of October, Goliad was taken, 
Capt. Collingsworth commanding the Texians. 
Our loss was only one man wounded. 

On motion of John A. Wharton, it was 

'^Resolved, That the thanks of all Texas, rep- 
resented in this convention, be tendered to Capt. 
George M. Collingsworth and his associates in 
arms, for their gallant conduct in taking Goliad, 
and that the Secretary furnish them with a copy 
of the same." 

THE FIRST ''declaration," NOVEMBER ^TTH, 1835. 

On the third day of the session, November 
3d, on motion of John A. Wharton, a committee 
of twelve — one from each municipality then rep- 
resented — was appointed to prepare an address 



LIFE OF HENRY SMITH. 79 

"setting forth to the world the causes that im- 
pelled us to take up arms and the objects for 
which we fight." This committee consisted of 
John A. Wharton, of Brazoria, Chairman, Wil- 
liam Menefee, of Austin, R. R. Royal, of Mata- 
gorda, Lorenzo de Zavala, of Harrisburg, Asa 
Mitchell, of Washington, William 8. Fisher, of 
Gonzales, Robert M. Williamson, of Bastrop, 
Sam Houston, of Nacogdoches, A. Houston, of 
San Augustine, Wyatt Hanks, of Bevil, Henry 
Millard of Liberty and Samuel T. Allen, of 
Viesca. 

The character of the "declaration" to be made 
was discussed in the convention on the 4th, 5th 
and 6th. Wharton, Henry Smith and others fa- 
voring a declaration of independence, and others 
a declaration in favor of the constitution of 1824. 
A test vote on the 6th stood, for independence 16, 
for the constitution of 1824, 33. 

On the 7th, Mr Wharton, on behalf of the 
committee, reported a declaration, which, it will 
be seen, though responsive to the views of the 
majority, sets forth ample justification for a 
declaration of independence by enacting firstly, 
"that Texas is no longer morally or civilly bound 
by the compact of union," and secondly "that 
they do not acknowledge that the present author- 



80 LIFE OF HENRY SMITH. 

ities of the nominal Mexican Republic have the 
right to govern within the limits of Texas." 

The instrument, after discussion, was unan- 
imously adopted and signed as follows : 

DECLARATION OF THE PEOPLE OF TEXAS IN GEN- 
ERAL CONVENTION ASSEMBLED. 

Whereas, General Lopez de Santa Anna 
and other military chieftains have, by force of 
arms, overthrown the Federal institutions of 
Mexico and dissolved the social compact which 
existed between Texas and other members of the 
Mexican Confederacy, now the good people of 
Texas, availing themselves of their natural rights, 

SOLEMNLY DECLARE: 

1st, That they have taken up arms in de- 
fence of their rights and liberties, which were 
threatened by the encroachments of military des- 
pots, and in defence of the republican principles of 
the Federal Constitution of Mexico of 1824. 

2d. That Texas is no longer morally or civ- 
illy bound by the compact of union ; yet, stimu- 
lated by the generosity and sympathy common 
to a free people, they offer their support and as- 
sistance to such of the members of the Mexican 
Confederacy as will take up arms against mil- 
itary despotism. 



LIFE OF HENRY SMITH. 81 

3d. That they do not acknowledge that the 
present authorities of the nominal Mexican re- 
public have the right to govern within the limits 
of Texas. 

4th. That they will not cease to carry on 
war against said authorities whilst their troops 
are within the Umits of Texas. 

5th. That they hold it to be their right, dur- 
ing the disorganization of the federal system and 
the reign of despotism, to withdraw from the 
union, to establish an independent government, 
or to adopt such measures as they may deem 
best calculated to protect their rights and lib- 
erties; but that they will continue faithful to the 
Mexican government so long as that nation is 
governed by the constitution and laws that were 
formed for the government of the political asso- 
ciation. 

6th. That Texas is responsible for the expen- 
ses of her armies now in the field. 

7th. That the public faith of Texas is pledged 
for the payment of any debts contracted by her 
agents. 

8th. That she will reward by donations in 
lands, all who volunteer their services in her 
present struggle, and receive them as citizens. 

These declarations we solemnly avow to the 
world and call God to witness their truth and 



82 LIFE OF HENRY SMITH. 

sincerity, and invoke defeat and disgrace upon 
our heads should we prove guilty of duplicity. 

Branch Turner Archer, 

President. 

Municipaliiy of Austin. — Wiley Martin, Randall 
Jones, Jesse Burnam, Wm. Menefee. 

Municipality of Nacogdoches. — Sam Houston, Jas. 
W Robinson, William Whitaker, Daniel Par- 
ker. 

Municipality of Washington, — Philip Coe, Elijah 
Collard, Jesse Grimes, Asa Mitchell, Asa 
Hoxey. 

Municipality of Harrishurg. — Lorenzo de Zavala, 
C. C. Dyer, John W. Moore, M. W. Smith, 
David B. McComb. 

Municipality of Liberty.— George M. Patrick, 
Wm. P. Harris, Henry Millard, J, B. Woods, 
A. B. Hardin. 

Municipaliiy of Gonzales. — Wm. S. Fisher, J. D. 
Clements, George W. Davis^ James Hodges, 
William W. Arrington, Benjamin Fuqua. 

Municipality of Temeha. — Martin Parmer. 

Municipality of Columbia. — Henry Smith, John 
A. Wharton, Edwin Waller, John S. D. 
Byrom. 



LIFE OF HENRY SMITH. 83 

Municipality of San Augustine. — A Houston, 
William N. Sigler, A. E. C Johnson, Alex. 
Horton, A. G. Kellogg. 

Municipality of Mina. — D. C. Barrett, J. S. Les- 
ter, R. M. Williamson. 

Municipality of Matagorda. — R. R. Royal, Charles 
Wilson. [Absent, James Kerr.] 

Municipality of Bevil — S. H. Everitt, John Bevil, 
Wyatt Hanks. 

Municipality of Viesca. — Samuel T. Allen, A. G. 
Perry, J. G. W. Pierson, Alexander Thomp- 
son, James W. Parker. 

Municipality of Jefferson. — Claiborne West. 
P. B. Dexter, Secretary. 

On motion of John A. Wharton, it was 
^^ Resolved, That the Governor and Council be 
empowered to issue writs of election to fill any 
vacancies that may occur in this body, and for 
the representation of those jurisdictions not yet 
represented ; or to cause a new election in toto for 
delegates to the Convention of the first of March 
nexf'' 

It was under this important resolution that 
the Council, on the 15th of December, 1835, called 
the Convention of Independence, to be clothed 
with plenary powers, to meet in Washington on 
the first of March, 1836. 



84 LIFE OF HENRY SMITH. 

On motion of Sam Houston, all members 
present signed the declaration, and all absentees 
were requested to do so when convenient, which 
James Kerr, of Jackson, John J. Linn, of Vic- 
toria, and perhaps others did at a later day. 

In pursuance of a resolution submitted by 
Mr. Millard, of Liberty, a committee of twelve, 
one from each municipality represented in this 
consultation, was appointed by the president to 
draw up and submit a plan, or system, for a 
"Provisional Government for all Texas." The 
President appointed Messrs. Millard, Henry 
Smith, Jones, Wilson, Dyer, Hoxey, Lester, Ar- 
rington, Robinson, Everitt and A, Houston. 

Henry Smith chiefly drew the plan for the 
civil government and A. Houston of the military, 
and they were reported to the consultation No- 
vember 9th, and, with slight modifications, 
adopted as an organic act or decree on the 
11th, when it was enrolled and signed, as had 
been the Declaration. 

This original act of sovereignty by the people 
of Texas, through their chosen delegates, deserves 
a place in this work, and is, therefore, inserted in 
full, as follows: 



LIFE OF HENRY SMITH. 85 

THE PLAN OF THE PROVISIONAL GOVERNMENT. 



ARTICLE I. 

That there shall be, and is hereby created, a 
"Provisional Government" for Texas, which shall 
consist of a Governor, a Lieutenant-Governor, and 
a Council to be elected from this body, one mem- 
ber from each municipality, by the majority of 
each separate delegation present, and the Gov- 
ernor and Lieutenant-Governor shall be elected 
by this body. 

ARTICLE IL 

The Lieutenant-Governor shall be President 
of the Council, and shall perform the duties of 
governor in case of the death, absence or other in- 
ability of the governor, during which time a 
"president pro tem" shall be appointed to perform 
the duties of the lieutenant-governor in council. 

ARTICLE HI. 

The duties of the General Council shall be to 
devise ways and means, to advise and assist the 
governor in the discharge of his functions ; they 
shall pass no laws, except such as in their opinion 
the emergency of the country requires, ever 
keeping in view the army in the field, and the 
means necessary for its comfort and support. 
They shall pursue the most effective and energetic 



86 LIFE OF HENRY SMITH. 

measures to rid the country of her enemies and 
place her in the best possible state of defence. 
Two-thirds of the members elect of the General 
Council shall form a quorum to do business; and 
in order that no vacancy shall happen in the 
council, if any member, from death or other 
casualty, shall be incapacitated to act, the governor 
shall immediately, on information thereof, notify 
the member elected to fill vacancies, and on his 
default, any member who has been elected to this 
body from the same jurisdiction. The governor 
and council shall be authorized to contract for 
loans, not to exceed one million dollars, and to 
hypothecate the public lands and pledge the faith 
of the country for the security of payment. That 
they have the power to impose and regulate im- 
posts and tonnage duties, and provide for their 
collection under such regulations as may be most 
expedient. 

They shall have power, and it is hereby made 
the duty of the governor and council to treat with 
the several tribes of Indians concerning their 
land claims, and if possible, to secure their friend- 
ship. They shall establish postoffices and post- 
roads and regulate the rates of postage, and ap- 
point a Postmaster General, who shall have com- 
petent powers for conducting this department of 



LIFE OF HENRY SMITH. 8 i 

the Provisional Government, under such rules 
and regulations as the governor and council may 
prescribe. They shall have power to grant par- 
dons, remit fines, and to hear and judge all cases 
usual in high courts of admiralty, agreeably to 
the law of nations. 

They shall have power to appoint their own 
secretary, and other officers of their own body ; 
also that they have the power to create and fill 
such offices as they may deem proper: Provided 
nevertheless, That this power does not extend to 
officers heretofore rejected by this house. 

That the governor and council have power to 
organize, reduce or increase the regular forces 
as they may deem the emergencies of the country 
require. 

ARTICLE IV. 

The governor, for the time being and during 
the existence of the provisional government, shall 
be clothed with ftdl and ample executive powers, 
and shall be commander in chief of the army 
and navy, and of all the military forces of Texas 
by sea and land ; and he shall have full power, by 
himself, by and with the consent of the council, 
and by his proper commander, and other officers, 
from time to time, to train, instruct, exercise and 
govern the militia and navy; and for the special de- 



88 LIFE OF HENEY SMITH. 

fence and safety of the country, to assemble and 
put in warlike attitude the inhabitants thereof, 
and to lead and conduct them by their proper 
officers; and with them to encounter, repel, resist 
and pursue, by force of arms, as well by sea as by 
land, within or without the limits of Texas; and 
also to destroy, if necessary, and conquer, by all 
proper ways and enterprizes and means what- 
ever, all and every such person or persons as 
shall at any time, in a hostile manner, attempt 
or enterprize the destruction of our liberties, or 
the invasion, detriment or annoyance of the 
country; and by his proper officers use and exer- 
cise over the army and navy and the militia in 
the actual service, the law martial, in times of 
war, invasion or rebellion, and to take or surprise 
by all honorable ways and means consistent with 
the law of nations, all and every such person or 
persons, with their ships, arms, ammunition and 
goods, as shall, in a hostile manner, invade, or at- 
tempt the invading or annoying our adopted 
country. And that the governor be clothed with 
all these and all other powers which may be 
thought necessary by the permanent council, cal- 
culated to aid and protect the country from her 
enemies. 



LIFE OF HENRY SMITH. 89 

ARTICLE V. 

There shall be constituted a Provisional Ju- 
diciary in each jurisdiction represented, or which 
shall be represented in this house, to consist of 
two judges, a first and second, the latter only to 
act in the absence or inability of the first, and be 
nominated by the council and commissioned by 
the governor. 

ARTICLE vi. 

Every Judge so nominated and commis- 
sioned shall have jurisdiction over all crimes and 
misdemeanors recognized and known to the 
common law of England ; he shall have power to 
grant writs of "habeas corpus" in all cases 
known and practiced to and under the same 
laws: he shall have power to grant writs of 
sequestration, attachments or arrest, in all cases 
established by the "civil code" and "code of 
practice" of the State of Louisiana, to be regu- 
lated by the forms thereof; shall possess full 
testamentary powers in all cases, and shall also 
be made a court of record for conveyances^ 
which may be made in English, and not on 
stamped paper, and that stamped, paper be, in 
all cases dispensed with ; and shall be the notary 
public of their respective municipality. All 
office fees shall be regulated by the governor and 



90 LIFE OF HENRY SMITH. 

council ; all other civil proceedings at law shall 
be suspended until the governor and general 
council shall otherwise direct. Each municipality 
shall continue to elect a sheriff, alcalde and 
offices of ayuntamientos. 

ARTICLE VII. 

All trials shall be by jury ; and, in criminal 
cases, the proceedings shall be regulated upon 
the principles of the common law of England, 
and the penalties prescribed by said laws, in 
cases of conviction, shall be inflicted, unless the 
offender shall be pardoned, or fine remitted ; for 
which purpose a reasonable time shall be allowed 
to every convict to make his application to the 
governor and council. 

ARTICLE VIII. 

The officers of the Provisional Government, 
except such as are elected by this house, or the 
people, shall be appointed by the general council, 
and all officers shall be commissioned by the 
governor. 

ARTICLE IX. 

All commissions to officers shall be in the 
name of the people, "free and sovereign," and 
signed by the governor and secretary; and all 
pardons and remissions of fines granted, shall be 
signed in the same manner. 



LIFE OF HENRY SMITH. 91 

ARTICLE X 

Every officer and member of the Provisional 
Government, before entering upon the duties of 
his office, shall take and subscribe to the follow- 
ing oath of office : "I, A. B., do solemnly swear 
(or affirm) that I will support the Republican 
principles of the Constitution of Mexico of 1824, 
and obey the declaration and ordinances of the 
'consultation of the chosen delegates of all Texas 
in general convention assembled,' and the decrees 
and ordinances of the Provisional Government ; 
and I will faithfully perform and execute the 
duties of my office agreeably to law, to the best 
of my abilities, so help me God." ' 

ARTICLE XI. 

On charges and specifications being made 
against any officer of the Provisional Govern- 
ment for malfeasance or misconduct in office, 
and presented to the governor and council, a fair 
and impartial trial shall be granted, to be con- 
ducted before the general council ; and if, in the 
opinion of two thirds of the members, cause suf- 
ficient be shown, he shall be dismissed from 
office by the governor. 

ARTICLE XII. 

The governor and council shall organize and 
enter upon their duties immedately after the ad- 



92 LIFE OF HENRY SMITH. 

journment of this house and hold their sessions 
at such times and places as in their opinion will 
give the most energy and effect to the objects 
of the people, and to the performance of the 
duties assigned to them. 

AETICLE XIII. 

The General Council shall appoint a Treas- 
urer, whose duties shall be clearly defined l)y 
them and who shall give approved security for 
their faithful performance, 

ARTICLE XIV. 

That all land commissioners, empresarios, 
surveyors, or persons in anywise concerned in 
the location of lands, be ordered forthwith to 
cease their operations during the agitated and 
unsettled state of the country, and continue to 
desist from further locations until the land office 
can be properly systematized by the proper au- 
thority, which may hereafter be established ; that 
fit and suitable persons be appointed to take 
charge of all the archives belonging to the differ- 
ent land offices, and deposit the same in safe 
places, secure from the ravages of fire, or the 
devastation of enemies ; and that the persons so 
appointed be fully authorized to carry the same 
into effect, and be required to take and sign tri])- 
licate schedules of all the books, papers and 



LIFE OP HENRY SMITH. 98 

documents found in the several land offices, one 
of which shall be given to the Governor and 
Council, one left in the hands of the land offiice, 
the other to be retained by the said person ; 
and they are enjoined to hold such papers and 
documents in safe custody subject only to the 
order of the Provisional Government, or such 
competent authority as may be hereafter created ; 
and the said persons shall be three from each 
department as commissioners to be forthwith ap- 
pointed by this house to carry this resoulution 
into full effect, and report thereof to the govern- 
ment and council, (and that the political chiefs 
immediately cease their functions). The dif- 
ferent archives of the different primary judges, 
alcaldes, and other municipal officers of the 
various jurisdictions shall be handed over to their 
successors in office, immediately after their elec- 
tion or appointment; and the archives of the 
several political chiefs of the departments of 
Nacogdoches, Brazos and Bexar, shall be trans- 
mitted forthwith to the Governor and Council for 
their disposition. 

ARTICLE XV. 

All persons now in Texas, and performing 
the duties of citizens, who have not acquired their 
quantum of land shall be entitled to the benefit 



94 LIFE OF HENRY SMITH. 

of the law on colonization, under which they 
immigrated, and all persons who may immigrate 
to Texas during her conflict for constitutional lib- 
erty, and perform the duty of citizens, shall also 
receive the benefits of the law under which they 
immigrated. 

ARTICLE XVI. 

The Governor and Council shall continue to 
exist as a Provisional Government, until the reas- 
sembling of this consultation, or until other dele- 
gates are elected by the people, and another gov- 
ernment established. 

ARTICLE XVII, 

This convention when it may think proper 
to adjourn, shall stand adjourned to meet at the 
town of Washington, (Texas,) on the first day of 
March next, unless sooner called by the executive 
and council. 

ARTICLE XVIII. 

All grants, sales and conveyances of lands 
illegally and fraudulently made by the State of 
Coahuila and Texas, located or to be located with- 
in the limits of Texas, are hereby solemnly de- 
clared null and void, and of no effect. 

ARTICLE XIX. 

All persons who leave the country in its 
present crisis, with a view to avoid a participation 



LIFE OF HENRY SMITH. 95 

in its present struggles, without permission from 
the alcalde or judge of their municipality, shall 
forfeit all or any lands they may hold or may 
have a claim to, for the benefit of this govern- 
ment: Provided, nevertheless, that widows and 
minors are not included in this provision. 

ARTICLE XX. 

All monies now due, or that may hereafter 
become due, on lands lying within the limits of 
Texas, and all public funds or revenues, shall be 
at the disposal of the Governor and General 
Council, and the receipt of the Treasurer shall be 
a sufficient voucher for any and all persons who 
may pay monies into the treasury ; and the Gov- 
ernor and Council shall have power to adopt a 
system of revenue to meet the exigencies of the 
State. 

ARTICLE XXL 

Ample power and authority shall be delega- 
ted and are hereby given and delegated to the 
Governor and General Council of the Provisional 
Government of all Texas, to carry into full effect 
the provisions and resolutions adopted by the con- 
sultation of the chosen delegates of all Texas in 
general convention asseml)led, for the creation, 
establishment and regulation of the said Provis- 
ional Government. 



96 LIFE OF HENRY SMITH. 

[The army regulations in most of their details 
resembled those of the United States, excepting 
as follows :] 

ARTICLE VIH. 

The regular army of Texas shall consist of 
1120 men, rank and file. 

ARTICLE IX. 

There shall be a corps of rangers under the 
command of a major, to consist of 150 men, to be 
divided into three or more detachments and 
which shall compose a battallion under the com- 
mander in chief when in the field. 

ARTICLE X. 

The militia of Texas shall be organized as 
follows ; All able bodied men, over 16 and under 
50 years of age, shall be subject to military duty. 

ARTICLE XI. 

Every inhabitant of Texas, coming within 
purview of the preceding article shall, on the 
third Monday of December next, or as soon there- 
after as practicable, assemble at each precinct of 
their municipality, and proceed to elect one Cap- 
tain, one 1st Lieutenant and one 2nd Lieutenant, 
to every 56 men, and the governor shall transmit 
commissions to the same. Four companies 
shall be entitled to a Major ; five or more to a 
Lieutenant Colonel and, with a Colonel for the 



LIFE OF HENRY SMITH. 97 

command of all, shall constitute a regiment, 
and if more than one regiment in a municipality, 
out of their number they may elect a Brigadier 
General, who shall command the whole militia 
in the said municipality. 

Branch T. Archer, 

President. 

On the 12th of November, following the 
adoption of the organic act, the Consultation pro- 
ceeded to the election of officers to carry out its 
provisions. 

For Governor, Mr. Wiley Martin nominated 
Stephen F. Austin and Mr. Martin Parmer nomi- 
nated Henry Smith. 

For Governor, Henry Smith received 31 
" " Stephen F. Austin " 22 

For Lieutenant Governor, James W. Robinson 
received 52, being all present, excepting himself. 

Smith and Robinson were declared elected. 

The Consultation next elected as Commis- 
sioners to the United States Messrs. Branch T. 
Archer, William H. Wharton and Stephen F. 
Austin, who were to be commissioned by the gov- 
ernor, in accordance with the following resolution.- 

Resolved, That there shall be three commis. 
sioners appointed by this body as agents to the 
United States of North America to be commis- 



98 LIFE OF HENRY SMITH. 

sioned by the governor and council, who shall 
delegate them such powers and give them such 
instructions as the Governor and Council may 
deem expedient. 

COMMANDEE-IN-CHIEF. 

Gen. Sam Houston was next unanimously 
elected Major General, (Commander-in-Chief), of 
the armies of Texas. 

THE GENERAL COUNCIL. 
Under the provisions of the Organic Act, the 
following persons, one from each municipality 
represented, were selected as members of the 
General or Legislative Council : 

Municipality of San Augustine. — A. Houston, 

Austin. — Wm. Menefee. 

No,cogdoches. — Daniel Parker. 

Washington. — Jesse Grimes. 

Viesca. — A. G. Perry. 

Mina — D. C. Barrett. 

Liberty. — Henry Millard. 

Teneha. — Martin Parmer. 

Gonzales. — J. D. Clements. 

Matagorda. — R. R. Royal. 

Harrishurg. — W. P. Harris. 

Columbia. — Edwin Waller. 

J5et>i7.— Wvatt Hanks. 



LIFE OF HENRY SMITH. 99 

The oath of office was then administered' by 
the President of the Consultation to the officers of 
the "Provisional Government." 

It is proper here to state that during the ex- 
istence of this council, the municipalities of Colo- 
rado, Jackson and Sabine were created and 
allowed representation. The names of several 
municipalities were changed, as "Teneha" to 
"Shelby " "Bevil" to "Jasper," "Mina" to "Bastrop," 
"Viesca" to "Milam." 

It must also be borne in mind that frequently 
a member would retire and be succeeded by some 
other member of the Consultation from his mu- 
nicipality. It is necessary, therefore, in justice to 
all to subjoin the following list of all who, for 
longer or shorter periods, served in the council, 
though never but one, at the same time, from 
the same municipality. 

Municipality of Austin. — Wiley Martin, Thos. 
Barnett, William Menefee and Randall Jones. 

Municipality of San Augustine. — A. Houston, 
A. E. C. Johnson. 

Municipality of Colorado. — William Menefee, 
Jesse Burnham. 

Municipality of Nacogdoches. — Daniel Parker. 



100 LIFE OF HENRY SMITH. 

Municipality of Washington.— Jesse Grimes, 
Asa Mitchell, Asa Hoxey, Philip Coe, Elijah 
Collard. 

Municipality of Liberty. — Henry Millard. 

Municipality of Milam. — A G. Perry, Alex. 
Thompson. 

Municipality of Shelby. — Martin Parmer, Jas. 
B, Tucker. 

Municipality of Oonzales. — J. D. Clements. 

Municipality of Bastrop. — D. C. Barrett, 
Bartlett Sims. 

Municipalicy of Matagorda. — R. R. Royal, 
Charles Wilson, Ira R. Lewis, James Kerr. 

Municipality of Harrisbiirg. — William P. 
Harris. 

Municipality of Brazoria. — John A. Wharton, 
Edwin Waller. 

Municipality of Jasper. — Wyatt Hanks. 

Municipality of Jefferson. — Claiborne West, 
G. A. Patillo. 

Municipality of Victoria. — J. A. Padilla, John 
J. Linn, 

Municipaliiy of Refugio. — James Power, John 
Malone. 

Municipality of Goliad. — Ira Westover. 

Municipality of San Patricio.- -Levels Ayers, 
John McMullen. 



LIFE OF HENRY SMITH. 101 

MimicipaliUj of Sabine — J. S. Lane. 

Municipality of Jackson. — James Kerr, who 
represented the old municipahty of Matagorda 
till the creation of Jackson, in which he resided 
and thereafter represented The same remarks 
apply to William Menefee, who first represented 
the old municipality of Austin — then the newly 
created one of Colorado. 

The Secretaries of the council were P. B. 
Dexter and Elisha M. Pease. 

The Secretaries of the governor were Dr. 
Charles B. Stewart and Edward B. Wood. 

We copy the report of Mr. D. C. Barrett, 
Chairman of a select Committee, to whom was 
referred sundry papers and letters connected 
with military operations, as it gives a clear idea 
of the state of affairs when Governor Smith en- 
tered upon the arduous and delicate duties of his 
office as Governor. 

THE REPORT. 

To the President of the Consultation. 

Your Select Committee beg leave to report 
that the communication of Stephen F. Austin of 
the 5th instant, present several matters interest- 
ing and important in our present attitude of 
resistance against the destroyers of our constitu- 
tion, and the principles of a military despotism. 



1 02 LIFE OF HENEY SMITH. 

First : The granting letters of marque and 
reprisal, to cruisers on the high seas by the "Pro- 
visional Government of Texas." 

The Consultation in adopting the declaration 
of the 7th of November, have organized this 
power and by the provisions of the resolution 
constituting a Provisional Government, have 
vested this authority in the Governor and General 
Council. 

The second contemplates an expedition from 
New Orleans against Matamoros. 

This subject your committee regard as im- 
portant and concur with the views of the com- 
manding general (S. F. Austin) as to its certain 
effect of crippling the enemy and distracting his 
movements. Your committee, hereby have it in 
their power (from documents in their possession) 
to inform this house, that a small force of 150 
men, commanded by Gen. Mexia, armed and 
equipped at his own expense, has sailed from New 
Orleans for the port of Tampico or Matamoros, 
and that a descent from that quarter, from what- 
ever source, in the opinion of your committee, 
will produce the consequences of annoying the 
enemy at an unexpected point, and prevent rein- 
forcements being sent to Bexar. Should further 
operations, hereafter, seem expedient in aiding 



LIFE OF HENRY SMITH. 103 

Gen. Mexia, it enters into the duties of the "gov- 
ernor and council" of Texas. 

Your committee feel bound to report to this 
house the grateful emotions induced by the dis- 
interested offer of Maj. Francis F. Belton, of the 
United States army, to become the inspector of 
cannon, arms and military stores to be purchased 
at New Orleans and Mobile for the use of Texas ; 
and recommend that his services be accepted, 
and a vote of thanks be passed and recorded upon 
the journals of this house, and that a copy thereof 
be forwarded by the president to Maj. Belton, at 
the same time informing him of the appointment 
of Capt. E. Hall, an experienced officer, who is 
now engaged in performing the same duties, 
upon a similar offer, who will be united with him. 

Your committee, in reporting the magnani- 
mous and generous patriotism of Stephen F. 
Austin, J. W. Fannin and B. F. Smith, in their 
prompt and voluntary offer, to place their lands 
and other property at the disposal of this house, 
to be used as sureties for raising funds in aid of 
their suffering country, at war with the enemies 
of their rights and liberties, rejoice in seeing such 
noble acts recorded with the proceedings of this 
body in such times of difficulty and danger, and 
recommend a letter of thanks, expressive of the 



104 LIFE OF HENRY SMITH. 

grateful sense of this house, for the oJff ers so benev- 
olent and liberal, and that this house accept their 
several offers, to be used only when imperiously 
demanded in the most extreme emergency. 

Your committee, before closing this report, 
would respectfully call the attention of this house 
to the army now in the field. 

This force is composed of volunteers from 
every rank of citizens in the country, whose ser- 
vices generally commenced before the assembling 
of this house and as their movements have hith- 
erto been regulated by officers of their own 
choice, no obligation can be imposed upon them to 
submit to the control of the ''Provisional Govern- 
ment." Advisory communications are all that can 
be made to them. Nevertheless, your committee 
recommends that every honorable inducement 
should be held out to them for their continuance 
in their country's service, at any rate until a reg- 
ular army be ready to take the field, and should 
Bexar so long hold out against their efforts. 

Already have this house passed resolutions 
for their individual compensation, when the re- 
sources of the country will permit. 

The land offices have been closed, that no 
advantage should be taken over the soldier in the 
field in making his selection of land ; the grati- 



LIFE OF HENRY SMITH. 105 

tude of tliis body, as the representatives of the 
people of Texas, has been twice expressed and 
entered upon the journals of this house and every 
effort used to afford supplies of ammunition and 
provisions within the power of the late council 
and this body. These efforts we recommend to 
be continued and that this house recommend the 
members of the army to elect such officers as are 
wanting and that all the officers report themselves 
to the governor and council for commissiotis ; that 
their respective ranks be known of record, for 
purposes obviously necessary for their future 
compensation, and that of the soldiers under 
them, who may receive discharges from their 
respective officers that they may be fully known 
when a grateful country shall be able to express 
her thanks in bounties more substantial than 
mere words. Your committee recommend that 
the army be encouraged to persevere, with the 
assurance that every exertion will be used by the 
"Provisional Government/' to aid, comfort and 
support it, which it has within its power, and will 
co-operate in forwarding its operations. 

Your committee would suggest, that much 
encouragement is afforded for perseverance in 
military operations, from the unsettled state of 
the Mexican Government. The apprehension of 



106 LIFE OF HENRY SMITH. 

resistance from the citizens of that RepubKc,is ad- 
mitted in a late report of a committee of their Con- 
gress, contained in their plan of a form of govern- 
ment, intended to be enforced upon the people by 
the exertion of military power, against their con- 
sent. This disposition will prevent the usurper, 
Santa Anna, from reinforcing the troops now 
arrayed against Texas; and gives hopes of a 
co-operation of our Mexican brethren, in the 
glorious cause of liberty and the constitution, in 
which Texas has set the noble example. 

D. C. Barrett, 
Chairman of Committee. 

The Consultation met November 14th, the 
last day of their session of 1 1 days ; read the pro- 
ceedings of the previous day, passed resolutions 
of thanks to their President, Branch T. Archer, 
and their Secretary, P. B. Dexter, and adjourned 
to meet again on the first of March, 1836, unless 
sooner called by the governor and council ; and 
it was also 

'■^Resolved, That all the members of this body 
who can, repair to San Antonio, to assist our 
fellow citizens in the field." 

Branch T. Archer, 

President. 



LIFE OF HENRY SMITH. 107 

The arduous and responsible duties of the 
Consultation were completed and we shut the 
door, as upon the dead. They builded wiser than 
they knew — the God whom they had invoked 
directing, overruhng all. — We cherish their mem- 
ories, admire their patriotism and fortitude and 
drop a tear over their ashes. 

THE PEOVISIONAL GOVERNMENT. 

The new government entered upon duty on 
the same day — November 14, 1835 — upon which 
the Consultation adjourned. 

Governor Smith, (who at once appointed Dr- 
Charles B. Stewart as Executive Secretary), was 
duly notified of the organization of the council, 
of which body P. B. Dexter was elected Secre- 
tary, and on the 15th he communicated to them 
his first message, which, in justice to him and the 
verity of history is here given. 

GOVERNOR SMITH'S FIRST MESSAGE. 

Executive Department, ) 
San Felipe, November 15, 1835. j 

To the President and members of the Legislative 
Council of Texas: — 

Gentlemen. — Called upon to discharge the 
duties of the Supreme Executive of the free 
and sovereign State of Texas, 1 commence the 
task not without distrust of my abilities, but 



108 LIFE OF HENRY SMITH. 

relying chiefly upon your support, and the indul- 
gence of an intelligent and well disposed people,! 
am inspired with confidence and cheered by the 
hope that our united efforts to promote the public 
good, will not prove unavailing. 

I trust there is not one of your honorable 
body insensible to the many dangers that threaten, 
surround and overhang our adopted country ; 
that there is not one who does not feel the great 
trust confided, and who is not aware of the heavy 
responsibilities which necessarily devolve upon 
us. In the outset, in the very beginning, ere one 
error is committed or an act performed, I call 
upon you to summon to your assistance, moral 
courage ; to throw around you the impenetrable 
shield of honesty ; to march onward in the path- 
way of duty, and undauntedly to meet the dan- 
gers and obstacles which chance or design may 
throw in your way. If we cower or shrink 
beneath the task, shame and disgrace await us 
and ruin irretrievable to our adopted country. 
Contemplate the task before you, the dangers to 
be encountered, and the obstacles to be removed 
or surmounted, and decline the task, or make a 
beginning with a firm determination faithfully 
and fearlessly to perform your duties. 



LIFE OF HENTIT SMITH. 109 

I thus take the hberty to admonish you, 
because no common duties devolve upon you. 

You have to call system from chaos ; to start 
the wheels of goverment, clogged and impeded as 
they are by conflicting interests, and by discord- 
ant materials. Without funds, without the 
munitions of war, with an army in the field con- 
tending against a powerful foe: these are the 
auspices under which we are forced to make a 
beginning. 

Our country is now involved in war. Our 
foe is far superior to us in numbers and resources. 
Yet when I consider the stern materials of which 
our army is composed, the gallant and heroic 
men that are now in the field, I regard not the 
disparity of numbers, but am satisfied that we 
could push our conquests to the walls of Mexico. 
I earnestly recommend that you adopt the most 
])rompt and energetic measures in behalf of the 
army ; that you forthwith provide all the neces- 
sary munitions of war, so that the army may 
not be cramped or impeded by any remissness on 
the part of the government, and that you be 
careful to select agents of known skill and science 
to purchase artillery and other munitions. 

Another important matter, will require your 
immediate attention. Our frontier and sea-port 



110 LIFE OF HENRY SMITH. 

towns are unprotected and exposed to the mercy 
of the enemy. The pohcy of having them well 
fortified must be obvious to all. I therefore rec- 
ommend the organization of a civil topographical 
engineer corps, and the commencement of the 
work of fortification and defence without delay. 

I recommend the granting of letters of 
marque and reprisal, by doing which we can not 
only prevent invasion by sea, but we can block- 
ade all the ports of Mexico and destroy her com- 
merce, and annoy and harrass the enemy more in 
a few months than by many years of war carried 
on within our own limits. My own mind is sat- 
isfied that the whole of our maritime operations 
can be carried on by foreign capital and foreign 
enterprise. Already applications for commis- 
sions have been made ; they are willing to take 
the hazard, as such affords them every encour- 
agemeut. 

Provisions have already been made for the 
organization of a corps of rangers, and I conceive 
it highly important that you should place a bold, 
energetic and enterprising commander at their 
head. This corps, well managed, will prove a 
safeguard to our hitherto unprotected frontier 
inhabitants and prevent the depredations of those 
savage hordes that infest our borders. I conceive 



LIFE OF HENRY SMITH. Ill 

this very important at this moment, as it is 
known that the Mexican authorities have en- 
deavored to engage them in a war with us. 

Volunteers from foreign countries are daily 
reaching our shores and enlisting in our cause. 
These gallant and chivalrous men are actuated 
alone by the noblest motives ; no sordid or mer- 
cenary considerations have induced them to leave 
their homes and share our fate. Let us then act 
with becoming generosity, and unasked^ give 
valor its reward. I recommend this not only that 
the world may know what are the inducements 
that Texas holds forth to the brave and enter- 
prising ; but in order that it may be now settled 
and not hereafter become the cause of dissatis 

faction. 

7. Some of our red brethren of the Cher- 
okee, Shawnee and others of their associate bands, 
are located on certain lands within our Umits, to 
which it is generally understood the}^ have a 
just and equitable title. They have lately been 
interrupted in their title by surveys and locations 
within the limits which they claim, which has 
created among them great dissatisfaction. T 
therefore recommend that you second the meas- 
ures of the late convention in this matter and 
never desist until the objects contemplated by 
that body be carried into effect. 



112 LIFK OF HENRY SMITH. 

8. I recommend the employing of agents for 
foreign countries; that they be clothed with special 
powers, and that they be sent to different points, 
with a view of procuring for Texas all the aid 
and assistance that a generous and sympathizing 
world will bestow. 

9. I would also recommend the estabUsh- 
ment of a tariff, and the appointment of revenue 
officers to collect imports and tonnage duties; 
also a collector for the purpose of collecting all 
sums due the government on lands or other 
sources. 

10. I would now call your attention to the 
postoffice department and would recommend the 
appointment of a postmaster-general. The ap- 
pointment made by the previous council I highly 
approve, and trust under your care that this 
department will flourish and extend its benefits 
to every section of the country. I further recom- 
mend an express department to continue during 
the war. 

11. No time should be lost in the organiza- 
tion of the militia, nor in the local civil organiza- 
tion of the different jurisdictions of Texas in 
conformity with the plan of the Provisional or- 
ganization of the government. 



LIFE OF HENRY S^IITH. 113 

12. You will find it necessary to appoint a 
treasurer, and perhaps other officers which you 
may hereafter find requisite. 

13. It will also become your duty to select 
some place as the seat of government, at which 
to hold your regular sittings during the continu. 
ance of the present form of government. In 
doing this you will throw aside all local partiali- 
ties and prejudices, and fix on that point possess- 
ing most advantages, and the best calculated to 
forward our views, by giving promptness and 
energy to our united actions. I therefore deem 
it unnnecessary to make further suggestions on 
that subject, and will only add that a council 
hall, together with other offices for the different 
departments of government, is indispensable. 

14. I have now, gentlemen, touched upon 
all the matters of importance that have presented 
themselves to me. Doubtless many have escaped 
my observation, which you will ditect. I will, 
from time to time, present such other matters for 
your consideration as may occur to me. Again 
permit me to remind you of the necessity of act- 
ing with energy, boldness and promptitude— that 
the welfare of thousands depends ui)on your 
actions. Your country possesses immense re- 
sources if properly developed; it is for you to 



114 LIFE OF HENBY SMITH, 

quicken and enliven the body politic, and make 
Texas the Eden of America. 

I conclude, gentlemen, by expressing the hope 
that the Supreme Ruler of Nations will smile upon 
your council, and that by our united efforts, we 
will be enabled to place Texas in a situation to 
become what the God of nature designed her to 
be, a land of liberty and of laws — of agriculture 
and of commerce — the pride and support of our 
lives, and a legacy of price unspeakable to 
posterity. Henry Smith. 

This brings us to a marked era in the history 
of Texas ! — a Provisional Government organized, 
with the necessary officers and agents installed, at 
the head of all of which stood citizen Henry Smith, 
as Governor — the pioneer of 1827 ! the school 
teacher in the canebrakes of the lower Brazos ! 
the accomplished district surveyor ! the tried and 
faithful alcalde ! the secretary of the ayunta- 
miento ! the first American political chief ! a unan- 
imously elected delegate to the proposed Bexar 
Convention late in 1834 ! a zealous worker on the 
Brazoria committe of safety ! a delegate to the 
late general Consultation ! preceded by none in 
advocacy of the Independence of Texas from 
Mexico ! and now the first American Governor 



LIFE OF HENRY SMITH. ^ 1 5 

of the country, and the first governor of any 
nationahty to preside over the whole domain 
comprehended as Texas ! 

In giving as faithful a record of his admin- 
istration and of the results as our means will 
allow, we hope not to disturb the ashes of any 
hero sleeping beside him. But stern justice de- 
mands that truth shall be vindicated in behalf of 
a wise statesman, a stern and incorruptible 
patriot — blunt, honest and without concealment 
— who loved his country and liberty with a devo- 
tion unsurpassed by any of his compeers. In 
what spirit and to what extent he co-operated 
with the council in their deliberations and pro- 
ceedings, cannot be better shown than by refer- 
ence to his communications to them on matters 
of interest and in response to ordinances and 
decrees sent to him from time to time for ap- 
proval, all of which are of public record. As it 
is impossible that many who may be interested 
in the perusal of this work, can have access to 
these public records, those that seem of most 
peculiar interest, have been copied. Far from be- 
ing only dry details of department business they 
each contain a spirited portrayal of the living 
issues involved in each decree, or ordinance, and 
display a high appreciation of the duties, dignity 



116 LIFE OF HENRY SMITH. 

and prerogatives of his office, as well as a jealous 
oversight of the interests, (often jeopardized,) of 
his country — besides giving many interesting 
minor details of our history which have never 
found place in the books. 

The firsts bearing date of November 20th, 
1835, we copy in anticipation of a "specification," 
under a charge brought among others, against 
him by the council. 

San Felipe, November 20, 1835. 
To the Honorable the President and members of 

the General Council: 

Gentlemen : — I have now before me your or- 
dinances, numbers one and two, the third having 
received my signature on account of its having 
been presented first. I would only suggest to 
your honorable body the propriety of having your 
enactments presented in numerical order, inas- 
much as it would tend to make our journals more 
uniform and consistent. As it respects the first 
ordinance, I only suggest its amendment so as to 
allow the executive the three full days from the 
time of its reception in that department without 
regard to the date of its passage before the house. 
With these remarks, I herewith return the first 
decree, the second being under consideration, and 
will be returned as soon as practicable. With 
sentiments of esteem, &c. Henry Smith 



LIFE OF HENRY SMITH. 117 

Also the following dated November 20, 1835 : 
Executive Department, 



San Felipe, November 20, 1835 
To the Honorable the President and members of 

the Legislative Counil: 

Gentlemen. — The second ordinance passed by 
your body is now before me, and has received my 
serious consideration. To as much of it as goes 
to the establishing of the salaries of the different 
officers therein named, I feel bound to object. 
Inasmuch as the chosen delegates of all Texas, in 
convention assembled, determined to pursue 
strictly the rules of economy, by rigidly ex- 
punging the names of offices well known to 
be absolutely necessary for proper organiza- 
tion, it would now be deemed in us (with 
whom the power has been deposited) a great 
error or stretch of that power, if we should 
create offices with what the people would con- 
sider high salaries. I have every wish that the 
laborer should be well paid for his services ; but 
inasmuch as we have not a rich treasury, and our 
country is involved in war, I think much should 
be performed through motives of patriotism. It 
must be evident to all that the convention, when 
voting the salaries of the governor and lieuten- 
ant governor, were actuated from such motives, 
well knowing their offices were the most arduous 



118 LIFE OF HENRY SMITH. 

and responsible within their gift. As such, I 
consider all permanent officers should be gradua- 
ted from them, and allowed per annum salaries. 
It is quite uncommon that the highest officers 
should receive the lowest salaries. I, therefore, 
object to that part of the bill. 

To the sixth and last decree in the bill I ob- 
ject, for the following reasons. There is no print- 
ing press at Washington, which I deem essential 
to our business. The public printing has not 
been yet completed as contracted for, which 
should be superintended by your body ; — nor has 
there been any legislative action, known to me, 
prescribing or defining the duties of our agents 
to be sent abroad. Their commissions, with au- 
thority to hypothecate the public lands, and 
pledge the faith of the country, to answer our 
present emergencies, have not been made out. 
Commissions granting letters of marque and re- 
prisal have been earnestly solicited, both by our 
oWn citizens and foreigners ; and, as yet, have not 
been acted on. These are things I deem of the 
most urgent and vital importance; and they 
should receive our prompt attention. 

Furthermore, I am not apprised that your 
body has made the necessary arrangement for our 
comfortable location at Washington. It appears 



LIFE OF HENRY SMITH. 119 

to me probable that more might be lost than 
gained by the move. Be that as it may, the move 
as contemplated and incorporated in the sixth 
decree, I deem premature, and calculated to pro- 
duce delay and great injury ; as such I feel bound 
to object to it. I would beg leave to suggest to 
your honorable body that, notwithstanding our 
situation here may be uncomfortable, (and none 
can be more so than my own,) still a sense of 
public duty urges me to earnestly solicit your 
body to submit themselves to all inconveniences 
for the present, until the grand and important 
business of necessity can be accomplished ; then 
you will find me willing to co-operate with you in 
the selection of any point which you may deem 
best calculated to promote our own convenience, 
and advance the public good. 

With sentiments of the highest regard and 
consideration, I remain, gentlemen, 

Your obedient, 
Henry Smith^ Governor. 

The governor was sustained on the first point 
involved by a unanimous vote and by two-thirds 
on the second. 

The following message of November 24th, 
1835, shows with what keen jealousy Governor 
Smith labored to guard the public interest and 
secure wise legislation : 



120 life of henry smith. 

Executive Department, ) 
November 24, 1835. f 

To the Honorable the President and members of 
the Legislative Council of Texas: — 
Oentlemen : — I have under review three bills 
which have been passed by your body^ and for- 
warded to this department. I have duly con- 
sidered the same and herewith transmit them 
with such remarks as appear to me consistent. 

The bill authorizing Thomas F. McKinney to 
proceed to borrow for the use of the Provisional 
Grovernment the sum therein named; I have 
only to suggest to your body the impropriety of 
employing agents with powers which may con- 
flict with the duties and powers of our general 
agents, elected by the convention, with a view to 
be immediately dispatched, with full and ample 
powers, to perform all the duties incorporated in 
said bill ; who will also be authorized and in- 
structed by your body, to perform all such other 
duties as the nature of their mission, and the ex- 
igencies of the country, may require. I would 
only suggest to your honorable body the propriety 
of making out instructions with the proper com- 
missions to those agents thus elected, in order 
that they be immediately dispatched to perform 
the duties assigned to them. Ard thr.t r. com- 



LIFE OF HENRY SMITH. Til 

mittee of suitable and fit persons be appointed to 
take this matter under their consideration. And 
in the event that those agents, specially appointed 
by the convention, do not present themselves, that 
you immediately proceed to appoint others who 
will serve. This is a matter which I consider of 
the most vital importance, and deserves your 
prompt attention. 

The ordinance next under my consideration 
is the ordinance and decree regulating offices 
under the Provisional Government, which I ap- 
prove and have signed. 

The next in order is the ordinance establish- 
ing a navy and granting letters of marque and 
reprisal. To this bill I am bound to object, as it 
now stands. The privileges granted to privateers 
seem to me rather unbounded — that this govern- 
ment takes all the responsibilities without any 
interest in the captures which may be made. If 
prizes are brought into our ports, the government 
will be at the expense of adjudication and sale, 
without remuneration, provided they should be 
found lawful priz(^s— if not lawful ])rizes, thej^ 
will be bound to make remuneration for the act of 
their commissioned agents, who have brought 
into our ports prizes which cannot be condemned 
and sold as such. Besides, I consider, agreeably 



122 LIFE OF HENRY SMITH. 

to the provisions of the ordinance, that privateera 
would have an unbridled license to roam at large 
without being particularly under the control of 
the government, and kept within limits calcula- 
ted to protect our own commerce, and might, in 
the end, be productive of more injury than good. 
And notwithstanding I have recommencled and 
urged the granting of letters of marque and re- 
prisal, if they are not commissioned in a manner 
calculated to promote the public good, by annoy- 
ing our enemies, and protecting our own com- 
merce, they might prove injurious to the govern- 
ment, rather than an advantage ; as such I would 
like, if commissions are issued, that they would 
not derogate from similar privileges granted by 
other governments. 

As it respects that part of the bill making 
provision for the creation of a navy ; if it should 
be made out in a separate bill for that purpose, 
it would appear much better, and would entirely 
meet my views, as I deem it essentially necessary 
for the protection of our commerce. It is highly 
probable that those persons wishing to fit out 
privateers would tender their vessels and services 
to the government, by having the proper guaran- 
tees, and submit themselves entirely to the con- 
trol and supervision of the government. This, if 



LIFE OF HENRY SMITH. 123 

it could be effected, would be much better than 
granting an unbridled, roaming license to priva- 
teers, which would neither be productive of se- 
curity nor profit to the government. I would, 
therefore, suggest the propriety of separating the 
substantive matter of the bill, and introduce one 
solely for the purpose of creating a navy on 
proper principles ; and leaving out the provision 
for granting letters of marcpe and reprisal, un- 
less your honorable body may think proper to 
introduce it in a different shape. I am well 
aware that no good could result from granting 
such commissions as contemplated by that por- 
tion of the bill, and as such object to it. 

I . take this opportunity further to remind 
your body of the propriety of making, without 
delay, the necessary enactments calculated to 
authorize the commander-in-chief of the forc-es 
of Texas to issue his proclamation, in order that 
volunteers and other troops daily arriving on our 
shores, and from various parts of the country, 
may know to whom they shall report, and to 
whom they shall hold themselves amenable, 
either as volunteers for a specific time, or as 
recruits to the regular army. I deem it entirely 
uncalled for, and even imprudent, to furnish 
troops with clothing or other outfit, without a 



124 LIFE OF HENRY SMITH. 

guarantee to know to whom they will submit 
themselves, or what the term of their service 
shall be. 

With these hasty remarks I forward the bills 
enumerated, hoping your honorable body will 
make such disposition of my remarks as their 
better judgment may direct. 

With sentiments of regard and consideration, 
I am Your obedient servant 

Henry Smith, 

November 24, 1835. Governor. 

The council passed the ordinance over the 
veto by a constitutional majority allowing Thos. 
F. McKinney to borrow a hundred thousand dol- 
lars and take his c()m missions out of the same. 

Following this action the governor sent in 
this communication : 

Executive Department, ) 
November 27, 1835. j 

To the Honorable the President and members of 

the Legislative Council: 

Gentlemen. — I have had under consideration 
the following ordinances passed by your body, 
viz : An ordinanc^^ for granting letters of marque 
and reprisal ; a decree for establishing a navy ; 
an orduiance regulating the militia. The ordi- 
nance appointing Thos. F. McKinney for the pur- 



LIFE OF HENRY SMITH. 125 

poses therein named, which has been passed by 
a constitutional majority, has now received my 
signature ; as well also as the one appropriating 
money for the use of the army, &c., all of which 
1 herewith transmit. 

I transmit also for the information of your 
body a communication received by express from 
headquarters, which you will use as circum- 
stances may direct. With sentiments, &c., &c. 
Your obedient servant, 
Henry Smith, Governor. 

Executive Department, ) 
November 28, 1835 [ 

To the Honorable the President and members of 

the Legislative Council : 

Gentlemen. — Much time has elapsed since 
the adjournment of the convention. A res- 
olution was adopted l)y that body that their 
acts should be published and circulated ; and a 
committee was appointed by that body to attend 
particularly to that matter. The publication has 
not yet appeared, nor do I know in what state of 
progress it may be. It is a matter of the highest 
importance, and about which much interest is 
felt ; and its delay or suppression from the pub- 
lic eye, has already, and will continue to create, 
not only great inconvenience, but absolute dis- 
trust and misrepresentation. 



126 LIFE OF HENEY SMITH. 

I confidently hope that your body will forth- 
with institute an inquiry into the matter, and 
never cease your exertions until that matter is 
brought before the public in its proper shape. 
It is entirely useless to send forth commissions, 
until the organic and necessary laws, are trans- 
mitted with them. With sentiments &c., &c. 

I am, gentlemen, 
Your obedient servant, 
Heney Smith, Governor. 

On the 28th of November the Governor ap- 
proved an ordinance appointing a commissary to 
take charge of the volunteers and another for the 
purchase of munitions of war, provisions, &c. 
On the 29th he sent in the subjoined communi- 
cation. 

To the Honorable the President and members of 
the Legislative Council: 

Gentlemen. — Our fellow citizen, Mr. Samuel 
Whiting, wishes to leave forthwith for New 
Orleans . He has been rendering services to the 
country and has a desire to continue his useful- 
ness by being instrumental in fitting out priva- 
teers in conformity with a decree passed by your 
body on that subject. He has applied to me for 
blank commissions, to be filled out as opportunity 
or circumstances shall direct. I would therefore 



LIFE OF HENRY SMITH. 127 

suggest to your body the propriety of passing an 
ordinance authorizing the executive to vest him 
with authority to fill out the blanks, under special 
instructions from the executive in conformity 
with said ordinance. As this matter should be 
expedited, immediate action will be necessary. 
I herewith transmit for your information, tran- 
scripts from certain letters from the United 
States, which have been handed me. Some of 
the Mobile volunteers have arrived in this town, 
and called on me to know what disposition will 
be made of them. It would probably be a cour- 
tesy due to these men to inquire the reasons of 
their separation from the balance of their com- 
pany, and make such disposition of them as their 
merit may require. Your obedient, 

Henry Smith, Governor. 
On December 1st the governor sent in the 
following : 

Gentlemen. — 1 herewith transmit for your 
information intelligence just received from our 
army at headquarters near Bexar. The truly 
gratifying intelligence from our brave, patriotic 
citizen soldiers, comports well with their true 
character, and deserves from us the highest 
praise and commendation, both to officers and 
men who were engaged in the unequal contest. I 



128 LIFE OF HENRY SMITH 

would therefore recommend to your honorable 
body the propriety of tendering to the worthy 
heroes engaged in the late action, a vote of 
thanks and commendation f®r their laudable and 
meritorious conduct on that occasion, and also to 
the whole army for their indefatigable persever- 
ance, in which you will please join the heartfelt 
gratitude of your Executive — and encourage the 
heroic band never to cease their heroic opera- 
tionSj so long as the footsteps of a Mexican sol- 
dier is to be found on the plains of Texas. 

I also transmit to you a communication from 
Major R M. Williamson, of the corps of rangers, 
which will show for itself. I have only to say 
that I have since underst ;od that the individual 
therein named had concluded to accept of this 
matter. You will be the judges. It is all import- 
ant that the corps should be forthwith in service. 
With sentiments &c., &c. 

Your obedient servant, 
Henry Smith, Governor. 

On December 2nd he wrote : 

Gentlemen. — I herewith transmit for your 
consideration and inspection such communica 
tions as have come to my hands as the Executive. 
The one from Gonzales, will claim your imme- 
diate and prompt attention, as the bearer will 



LIFE OF HENRY SMITH. 129 

probably leave in the morning. The nature of 
the communication and the requisite attention 
should be prompt. With sentiments &c., &c. 

Your obedient servant, 
Henry Smith, Governor. 
P. S. Capt. Blair, with his company, has 
tendered his services, which have been received 
with an enrolment of his company ; and will be 
disposed of in a proper manner. 

On December 4th he again says to the Council : 
Oentlemen. — I herewith transmit for your 
information, various communications recently 
received, all of which will show for themselves 
and to some of which I call your particular at- 
tention The documents in the Castillian lan- 
guage are said to be the product of an intercepted 
correspondence from the interior authorities of 
the Central Government to General Cos at Bexar. 
They contain the plans of Santa Anna, for a vig- 
orous prosecution of the war against Texas — 
which is determined by him as a war of extermi- 
nation. General Austin informs me that in one 
of his communications he has consolidated the 
principal matter in a brief manner. I would, 
however, recommend that the whole be read 
before your body, and such portions translated 
and published as you may deem expedient. The 
printed document, purporting to be the act of the 



130 LIFE OF HENRY SMITH. 

General Congress, establishing and defining the 
plan of the Central Government — with some 
manuscript documents, marked confidential — 
you may at least deem worthy of publication, 
together with a condensed view of the whole sub- 
ject matter of the intercepted correspondence. 
The domestic correspondence, herewith accom- 
panying, will show for itself, and by you will be 
taken for what it is worth. Some of the docu- 
ments are the views and opinions of men which, 
by you, can be properly appreciated. 

Taking a fair view of things as they now 
seem to stand, I have no doubt you will agree 
with me, that every energy and exertion on our 
part should be resorted to to counteract, or meet 
with efficiency the pending storm which over- 
hangs our country. It must be acknowledged by 
all, that our only succor is expected from the 
East, where, as yet, we have not dispatched our 
agents. Sufficient time has elapsed since the 
rising of the convention, for them to now be in 
the United States. They have called on me in 
vain, day after day, time after time, for their dis- 
patches, (at least some of them), and they are 
not yet ready. I say to you, the fate of Texas 
depends ui)on their immediate dispatch and suc- 
cess ; why then delay a matter of such vital 



LIFE OF HENRY SMITH. 181 

importance, and give place to minor matters, 
which could be much better delayed? Permit 
me to beg of you a suspension of all other busi- 
ness until our foreign agents are dispatched. 

I would further suggest to your body the 
propriety of passing a bill authorizing the Exec- 
utive to issue his proclamation calling upon the 
different jurisdictions to send delegates to a new 
convention, to meet in conformity with the or- 
ganic law, and the elections to be held as soon 
as practicable ; and that the members be clothed 
with plenary powers; and that in framing the 
bill you apportion the representation as nearly as 
possible on the principles of equality. The pro- 
ceedings of our former convention have not yet 
appeared before the public, a circumstance well 
and justly calculated to bring down upon us the 
public censure and odium of the whole commu- 
nity. The committee charged with that trust by 
the convention, justly merits reprehension, and a 
vote of public censure for the neglect and con- 
tumely with which they have treated the public 
confidence. 

With sentiments of the highest respect, &c. 

I am, gentlemen, 

Youi obedient servant, 

Henry ^^mith, 
December 4, 1835. Governor. 



132 LIFE OF HENRY SMITH. 

On December 5th, the following character- 
istic and sagacious communication was trans- 
mitted to the Council . 

Gentlemen. — I have had under consideration 
the following bills which have been passed by your 
body, viz : An ordinance and decree changing the 
manner of drawing drafts on the Treasurer, &c. 
I object to the bill for the following reasons : 

First. The committee on finance with whom 
the whole discretion of appropriating money, and 
drafting on the treasury, is vested, is, like all 
other committees belonging to your body, liable 
to change and shift its members ; as such, indis- 
creet appropriations might be made, and money 
drawn for improper uses. That a bare report to 
the Council of what had been done, in order that 
it be noted in your journals, would afford no 
check to the acts of the committee, because the 
appropriation and draft on the treasury would 
be made prior to the report of the committee, and 
as such they would be left without check or 
corrective. 

Secondly. I consider that no appropriations 
of money should be made except by law. That 
no committee, or separate authority, should be 
})rivileged to make appropriations, or draw money 
from the treasury without the necessary formal i- 



LIFE OF HENRY SMITH. 133 

ties having been complied with. Acting without 
the proper functionaries of Secretary, Comptrol- 
ler, &c , it would be well to incorporate in our 
plan as many checks and balances as would be 
consistent without producing complexity. Foi* 
the foregoing reasons I object to the bill. 

The ordinance, making it my duty to issue a 
special commission for the arrest of W. H. Steele, 
I have signed, and complied promptly with its 
provisions. 

The bill creating a municipality, to be called 
the Municipality of Jackson, I have signed, be- 
lieving that it might afford convenience to the 
citizens ; but, at the same time, feel satisfied that 
both that and the jurisdiction from which it is 
taken, will by that separation be rendered con- 
temptible in numbers, and as such the more 
heavily burdened with municipal taxes. I would 
recommend to your honorable body that, in 
future, you confine yourselves solely within the 
pale of the duties assigned to us. 

The bills creating a loan, and defining the 
duties of our commissioners, I have signed ; and 
wish everything done for their immediate dis- 
patch. I have seen no act of your body which 
has made any allowance for their outfit or ex- 
penses while performing their various and re- 



134 LIFE OF HENRY SMITH. 

sponsible duties. This matter has certainly 
escaped your observation, and will, I hope, be 
promptly acted on ; and that you will place such 
an amount at their disposition, as will be ample 
and sufficient to comport with the dignity of the 
station and duties assigned them. 

The bills appointing the Comptroller and 
Treasurer have been signed. I also submit 
to you a communication from Mr. Caldwell, of 
Gonzales, which speaks for itself, and of which 
you will make the proper disposition. 

Everything connected with the dispatch of 
our commissioners will, I hope, meet with the 
earliest possible dispatch. 

All of which I transmit to your honorable 
body for the corresponding effects. 

With sentiments &c., &c., I am 

Your obedient servant, 
Henry Smith, 

December 5, 1835 Governor. 

The bill for changing the manner of drawing 
drafts on the treasury was passed over the veto. 

On December 7th followed this brief utter- 
ance showing his great desire to forestall the 
machinations of land speculators : 

Oentlemen.—l hasten to lay before your 
honorable body an official communication from 



LIFE OF HENRY SMITH. 135 

Dr. S. H. Everitt, one of our commissioners ap- 
pointed to take charge of the archives of the 
land office of the department of Nacogdoches. 
You will see by his communication what has 
been done, and will I hope, take such immediate 
steps as will be calculated to carry the decree 
into effect with the least possible delay. I make 
this a separate communication, touching no other 
subject matter, in order that it may receive the 
prompt and undivided attention of your body. 

With due respect and consideration. 

Your obedient servant, 
Henry Smith, 
December 7, 1835 Governor. 

Another, manifesting the Governor's watch- 
ful care : 

Gentlemen. — T hasten to lay before your 
honorable body a communication just received 
from the commandant at Goliad. The docu- 
ments will show for themselves, and you will 
take such action on them as circumstances shall 
direct. The express carrier is in waiting. With 
sentiments, &c. 

Your obedient servant, 
Henry Smith, 
December 8, 1836. Governor. 



136 LIFE OF HENRY SMITH. 

And another, on the same day, evincing his 
zeal in the organization of an army under the 
supervision of the commander-in-chief elected by 
the Consultation — thus early aUgning himself 
against the impending anarchical course of in- 
termedling and usurpation of the council, so 
fraught with demoralizing tendencies. 

Gentlemen. — I transmit to your honorable 
body the copy of a letter received in my depart- 
ment from the Commander-in-chief, Gen. Sam 
Houston. Your honorable body will see by the 
tenor of his communication, the reasons and 
propriety of his request. And seeing myself that 
delays in the organization of the army would be 
dangerous, I confidently hope that everything 
consistent with your duties in that matter will be 
promptly attended to. With sentiments, &c., &c. 
1 am, gentlemen, 

Your obedient servant, 
Henry Smith, 

December 8, 1835. Governor. 

Here, a day later, is another, manifesting his 
keen insight into the motives of men and his 
utter want of faith in Mexican military chieftains, 
of the class to which Qqw. Mexia belonged ; for 
he was thoroughly assured they would never 
consent to the "Independence of Texas," tli© 



LIFE OF HENRY SMITH. 137 

object most dear to his own heart. In his extreme 
sensitiveness on this point he doubtless suspected 
that the move in favor of co-operation with 
Mexia, was to strengthen the feeling in favor of 
fighting as an integral part of Mexico, under the 
already slaughtered constitution of 1824, and 
thereby repress the growing feeling in favor of 
absolute independence, in favor of which promi- 
nently stood Governor Smith, Archer, the Whar 
tons and others. 

Gentlemen. — I herewith transmit to your 
honorable body the following bills, which I have 
had under consideration. The one authorizing 
persons to be appointed to make provision for 
General Mexia, &c., as it stands, I cannot approve, 
for the following reasons ; 

First. I have no confidence in General 
Mexia's co-operating in the smallest degree in our 
favor. That his intention to inake a descent on 
the sea ports ^est of us is for the purpose of 
robbing, to recuperate his own desperate fortune, 
I have no doubt ; but can see no possible advan- 
tage he would be to Texas. What his designs or 
intentions really are, I have no right to know ; 
but really think it would be unwise to run this 
government to the expense necessary to fit him 
out, without having any guarantee or control 



138 LIFE OF HENRY SMITH. 

over him or his conduct. Furthermore, as the 
bill runs, it would seem the outfit would be made 
before this government would be advised of his 
plans. Besides, I consider it bad policy to fit 
out, or trust Mexicans in any matter connected 
with our government; as I am well satisfied 
that we will in the end find them inimical and 
treacherous. 

For these, and many other reasons not enu- 
merated, I cannot sign the bill. Three other 
bills which I have also transmitted to you, I have 
approved. With sentiments &c., I am 

Your obedient servant 

Henry Smith, 

December 9, 1835. Governor. 

On the 10th of December, following the wise 
message of Governor Smith of the previous day, 
the Council passed the following extraordinary 
resolution, utterly ignoring the prerogatives of 
the Governor and the Commander-in-chief. 

Whereas, The Provisional Government of 
Texas, have received information of which there 
is no doubt, that the enemy have large reinforce- 
ments on the road to our frontiers, with whom 
there is $10,000 in money, and if the same is not 
cut off, or prevented from uniting with the forces 



LIFE OF HENRY SMITH. 139 

now at Bexar, our small but patriotic army 
will be compelled to retire, being overpowered by 
four times their number : Therefore, be it re- 
solved by the General Council of the Provisional 
Government of Texas : That General Mexia be, 
and he is hereby invited, together with the brave 
officers and men under his command, to repair 
immediately to Bexar by the way of Goliad, and 
there co-operate with the volunteer army of the 
people. 

Resolved, That an express be dispatched im- 
mediately to General Mexia, at Velasco, with a 
copy of this resolution. 

Resolved, That the services of Col. Power be 
accepted, and that he be requested to repair 
immediately to Velasco, or any other point, and 
wait on Gen. Mexia with a copy of the resolution 
passed this day, requesting Gen Mexia to proceed 
to Bexar and to accompany the expedition and 
extend all the aid in his power, with authority to 
draw on this government for any amount of 
money necessary in forwarding the objects of 
said resolution. 

It is a sufficient answer to this unfortunate 
and disorganizing gauntlet cast by the Council 
in the face of the Governor, to say : That Gen. 
Mexia did not go to Bexar to co-operate in the 



140 LIFE OF HENRY SMITH. 

reduction of that place, but sailed down the coast 
and made a worse than quixotic night landing at 
Tampico, from which he made a speedy and 
inglorious retreat to his vessel, leaving twenty 
seven of his American dupes prisoners in the 
hands of the enemy, to be shot as so many wild 
beasts a few days later. Secondly, that the Mex- 
ican re-inforcements had already entered Bexar, 
under Ugartechea; yet our brave volunteers 
were not (as the Council predicted) "compelled to 
retire," but on the very day on which the doleful 
resolution was adopted compelled the surrender 
of Cos and the entire Mexican army in Bexar. 

On the 10th of December the Council passed 
an ordinance providing for an election through- 
out Texa^, to be held on the first of February, 
1836, for delegates to a convention, to be clothed 
with plenary powers^ and to assemble in Washing- 
ton on the first day of March— resulting in that 
noble assemblage which declared Texas to be an 
Independent Republic, the object most dear to 
the heart of Governor Smith ; but the ordinance 
allowed "all free white men and Mexicans op- 
posed tQ a Central OuvernmenV^ to vote. To this 
latter clause the ever vigilant governor objected 
in the following terse style, which subsequent 
events fully justified : 



LIFE OF HENRY SMITH. 141 

Gentlemen. — I transmit to your body various 
bills which I have considered and signed. The 
one with resolutions requiring me to communi- 
cate with the committee at the city of Mobile, for 
the purposes therein named, I have not as yet 
complied with, nor am I at present in a situation 
to do so promptly, as my health is bad, and my 
situation quite uncomfortable, but hope in a few 
days to be better situated to discharge the func- 
tions of my office. 1 have signed the revenue, 
postoffice and many other bills and resolutions of 
minor importance, all of which I transmit to you 
with one to call the convention, not approved, 
in as much as I consider it in some decree ex- 
ceptionable. 

My objections are confined to the third and 
fourth articles and are these : That the Mexican 
population within our limits, particularly where 
they are unmixed with other population, could 
not properly be tested, at an election, to know 
whether they were in favor of centralism or not 
— that being made the touch stone for eligibility. 
Under existing circumstances, I consider one fact 
plain and evident ; that they who are not for us. 
must be against us. In my own opinion they 
should be so considered aud treated. Actions 
always speak louder than words; and a very 



142 LIFE OF HENRY SMITH. 

great proportion of the inhabitants of Bexar 
afford fair examples. They have had, it is well 
known, every opportunity to evince their friend- 
ship by joining our standard. With very few 
exceptions they have not done so, which is evi- 
dence, strong and conclusive, that they are really 
our enemies. In many instances they have been 
known to fight against us. I therefore consider 
that they should neither be entitled to our respect 
or favor ; and as such^ not entitled to a seat in 
our councils. As it respects the other Mexican 
jurisdictions that are intermixed with our own 
population, whei:e the touch-stone could be more 
properly applied — it would be different. I, there- 
fore, hope you will reconsider the bill, and make 
the alterations suggested; as I consider the ob- 
jections reasonable and justly founded. I am 

Youi obedient servant, 
Henry Smith, 
December 12, 1835. Governor. 

Governor Smith well understood and thor- 
oughly believed that though Mexicans might 
profess opposition to a Centralized Government, 
they would' never consent to a separation from 
Mexico on the basis of Texian Independence. A 
majority of the Council, however, were in favor 
of the delusion of fighting under the now defunct 



LIFE OF HENRY SMITH. 143 

constitution of 1824, as a State, or quasi State of 
the Mexican "nation," for "federation" it had 
ceased to be under the overwhelming domination 
of Santa Anna and his minions. On the 13th, 
therefore, they passed it over the warning voice 
of the Governor. 

On the 11th of December the Council adopted 
an address to the Mexican people, based on the 
preposterous idea that there still existed a pow- 
erful organized opposition to the despotic Cen- 
trahzed government in that country — an assump- 
tion without any real foundation, after the 
annihilation of the hberal army of Zacatecas, by 
Santa Anna during the preceding spring. Later, 
in the summer, this was followed by the disper- 
sion and captivity of the officers of the State 
Government of Coahuila and Texas, at Monclova, 
by the military minions of Santa Anna. Gov- 
ernor Viesca had escaped from the military and 
fled into Texas, and when this address was sent 
forth to the Mexican people, the armies of Santa 
Anna held undisputed sway over the whole of 
Mexico beyond the population of Texas. In view 
of the actual condition of things, this address, 
pledging themselves to co-operate with the Liberal 
or Federal party of Mexico, and to continue as a 
State of the Mexican confederation, seems 



144 LIFE OF HENRY SMITH. 

farcical. At that very moment Santa Anna was 
organizing a powerful army for the invasion and 
subjugation of Texas to his will — vowing to drive 
from the country or exterminate all who might 
refuse to obey or oppose his despotic designs. 

On Uie same day the Council very properly 
adopted a resolution complimentary to Gen. 
Austin, on the eve of his intended departure as 
one of th,e three agents to the United States. 

In acknowledging the reception of this resolu- 
tion, on the same day, Gen. Austin, among other 
things, said : *'I must take this occasion to 
express my thanks for the measures lately adopt- 
ed, to sustain the volunteer army in the field, 
and also for the aid which has been given to the 
native Mexican forces of the Federal party, in 
conformity with the second article of the declara- 
tion of the 7th of November." 

It will be seen, by his Quintana letter of 
December 22nd, to appear in its proper place 
farther on, what the position of Gen. Austin was 
as between the attempt to form a separate State 
of the Mexican nation, independent of Coahuila, 
on the one hand, and an absolute Declaration of 
Independence as a Republic, on the other. That 
he was in favor of the former and opposed to the 
latter, in view of his Quintana letter and other 



LIFE OF HENRY SMITH. 145 

utterances, is absolutely certain. But that on 
visiting New Orleans and realizing the powerful 
interest awakened in the United States in behalf 
of Texas, very largely contingent upon her entire 
separation from Mexico, he changed his views 
and thence forward became an earnest advocate 
of independence, is equally true, as will be seen 
by his New Orleans letter to General Houston of 
the 7th of January, only sixteen days after the 
Quintana letter was written. 

Complaints arose against the governor for 
delay in printing the decrees of the Council. On 
this point, December 14th, the following report 
was made : 

Your committee respectfully report that they 
waited on the governor, whose duty it was made 
by an ordinance to have the printing done, who 
says that he has deferred the printing of the 
ordinances until the acts of the Consultation 
were published, that the ordinances might follow 
in regular order, and sliow upon what they 
were based; and that for want of men and 
money the proper means within his i)ower or 
control, the prisoners have not been removed 
to San Augustine. 

Wm. Menefee, Chairman. 



146 LIFE OF HENRY SMITH. 

Gentlemen. — I herewith transmit to your 
body various communications from Col. Mexia, 
which will show for themselves. I also transmit 

at the same time a communication with the 
proceedings of the committee of the precinct or 
district of Sabine, which you will please examine 
and take such action on it as its nature or circum- 
stances may require. 

Your obedient servant, 

Henry Smith, 

December 14, 1835. Governor. 

Here follows another characteristic commu- 
nication : 

Gentlemen. — I herewith transmit to you the 
following bills with my aj^proval and signature : 
One requiring the commander-in-chief to move 
his headquarters to Washington; one settling the 
mode by which officers of the army receive their 
grade, when difficulties on that account should 
present themselves ; one appointing a postmaster- 
general and other officers; one requesting the 
commander at Goliad to afford assistance, &c ; 
one for calling a convention ; and one for creating 
the Municipality of Sabine. Two 1 have returned 
without my signature for the following reasons : 
The one requiring of me a transcript of the in- 
structions extended to our foreign agents, and 



LIFE OF HENRY SMITH. 147 

also the correspondence had with Gen. Burleson, 
and other officers. These, to which you allude, 
are all spread on the record in my Secretary's 
office, and subject at all times to the perusal of 
your body ; and inasmuch as I have but one Sec- 
retary belonging to my department, whose duties 
are arduous, and as such could illy spare the time 
to make those transcripts, must beg the favor of 
your body to send one of your own clerks for 
that purpose. The other is an appropriation 
bill in favor of McLaughlin for the sum of 
twenty-five dollars. I have only to say to your 
body, whatever the facts of the case may be, I 
am bound to presume that this bill was sent to 
my office through mistake, for it is evident, as 
the law now stands, that this bill, or any other 
api^ropriation bill, must originate with the com- 
mittee on finance, whose privilege it is to originate 
appropriations and check on the Treasury for 
the amount, and have the same entered on the 
journals of your body. As such my office is rid of 
the trouble of keeping any record pertaining to 
the originating ap])ropriations or making drafts 
on the treasury. There seems to me no propriety 
in sending the bill up to me when the authority 
to act is withdrawn from my department. 



148 LIFE OF HENRY SMITH. 

Therefore, for the sake of consistency, if for no 
other reason, I return the bill. 

Your obedient servant, 
Henry Smith, 

December 15, 1835. Governor. 

The inllexible integrity of Governor Smith — 
his keen sense of right and honesty and his re- 
pugnance to dishonesty — is made manifest in this 
communication to the Council : 

San Felipe, December 16, 1835. 

Geyitlemen. — I herewith transmit for your 
information documents received from various 
persons, touching a wrecked vessel near the port 
of Matagorda, That the unfortunate should 
receive the treatment as indicated in those com- 
munications, is truly to be lamented, and, if 
possible, should be remedied. If, however, your 
body should not consider it in their power to 
reach the present case, but leave it for the inves- 
tigation of the constituted authorities, it w^ould 
at least be well to take the precaution to prevent 
in some efficient manner a recurrence of similar 
conduct. Our sea coast, for years, has produced 
nothing but a scene of fraud, corruption and 
piracies, to the unfortunates who, either by mis- 
fortune or design, have been driven upon our 
shores. So well have we already established our 



LIFE OF HENRY SMITH. 149 

character abroad for having a piratical sea coast, 
that it is with difficulty insurances can be effected 
and always at an unusually high rate, and fre- 
quently not at all. This state of things has 
grown entirely out of our disorganized situation, 
not having the proper laws enacted to restrain 
the vice. 

I confidently hope that your honorable body 
will take this matter into consideration, and pass 
such laws as will prevent a recurrence of these 
evils, by making it highly criminal in any parson 
who will either embezzle or attempt to defraud 
the unfortunate by an unlawful seizure or sale of 
their property. They have very appropriately 
been termed the "bone-pickers," who are eagle- 
eyed, ever hovering round to pounce upon their 
unfortunate prey. It is now high time that 
Texas should retrieve her character in that re- 
spect, by passing laws for the protection of 
wrecked property, whether found immediately at 
the wreck, or elsewhere on the sea c(»ast; and 
designating the mrans by which salvage should 
be adjuged and settled, and that a proper disposi- 
tion be made of the balance for the beneiit of 
whom it might concern. 

Having lived, since my first settlement in the 
country, contiguous to the sea coast, and fre- 



150 LIFE OF HENRY SMITH. 

quently been called upon, in an official capacity, 
to extend protests and other documents relative to 
wrecked vessels, I am well aware of the intrigue, 
management, and downright roguery which has 
universally been practiced by the unprincipled 
speculators, and always to the great injury, and 
frequently total ruin of the unfortunate, without 
having it in my power to remedy the evil ; which 
makes me now the more solicitous that your 
honorable body give the subject that attention 
which it justly merits. 

I am, gentlemen, 
Your obedient servant, 
Henry Smith, Governor. 
On the I7th Mr. James Power returned from 
his mission to General Mexia and reported : 

I have called upon Gen. Mexia at Columbia. 
He has" declined to go to Bexar to join our people. 
His object is to go to Copano to join with the two 
hundred Mexicans who are at Palo Blanco, and 
from thence take Matamoros if possible. Mr. 
Fisher, who is acting Secretary to the General, 
said to me that he could not place his military 
character at stake by accepting a command under 
the Provisional Government of Texas, as Mr. 
Viesca is not Governor. I further understood 
that Gen. Mexia will be here in a short time, with 



LIFE OF HENRY SMITH. 151 

a view of seeing the Governor and Council, in 
hope that they will place armed vessels to block- 
ade the ports of Vera Cruz and Tampico, and 
order all vessels bound for said pt)rts to Mata- 
moros, where they can discharge their cargo, as 
there seems to be no doubt of the latter port 
falling into the hands of the Liberal party. Mr. 
Fisher further stated that he was bearer of dis- 
patches to Gen. Mexia, that in February next 
there is a general plan of revolutionizing all over 
Mexico. Under these circumstances I thought 
it most prudent to return and inform the council 
and subject myself to their further orders on this 
subject. James Power. 

This report was a striking verification of the 
views of Governor Smith, that they had nothing 
to hope from Mexican co-operation— that men 
and leaders like Mexia were incited solely by 
civil dissentions— a desire for place, power and 
plunder — and never would aid Texas in her aspi- 
rations for real liberty. 

On December 11th the council adopted a 
resolution providing for the election by itself of a 
* 'judge advocate general for the armies of Texas, 
ivilh iiie rank, pay and enrolments of colonel in 
the line," &c. On the same day, in secret session, 
(which, by the way, was a mode of proceeding 



152 LIFE OF HENRY SMITH. 

too often resorted to by that body,) they proceeded 
to the election of numerous officers, both civil and 
military, after which the injunction of secrecy 
was removed and the result became public. 
Among other positions so filled, Edward Gritton 
was elected collector of the port of Copino ; but 
the most remarkable action was in the election 
of Mr. Don Carlos Barrett, a member of their 
own body, to the office of judge advocate general, 
the ink recording the creation of which was not 
dry. 

This action, combined with the action of the 
council in fostering the myth known as the Fed 
eral party of Mexico, in face of the rapid change 
everywhere apparent as in progress in favor of 
an absolute separation from Mexico, as the only 
hope of political salvation, seems to have so in- 
censed Governor Smith as to lead him into the 
use of severe expletives. On the 1 7th he trans- 
mitted the following communication, to the 
council : 

Gentlemen. — Your list of the names of various 
persons elected by your boJy to fill the different 
offices therein named has received ni}^ considera- 
tion. With most of the persons elected I have no 
acquaintance, but feel bound to presume that inas- 
much as you are the guardians of the people, 



LIFE OF HENRY SMITH. 153 

you feel the responsibility of the trust reposed, 
and would not confer an appointment of either 
honor, trust or profit on any man either un- 
worthy or incapable of performing the functions 
of his office. 

Just emerging, as it were, from chaos, and 
assuming something like an organized form of 
government, we should be extremely cautious 
and fill our offices, both civil and military, with 
men who are honest and capable and who love 
virtue for her sake alone. To such men I would 
extend commissions with a satisfaction which 
can be much better felt than expressed. When, 
however, nominations are returned by • your 
body of individuals within my own knowledge 
who are to receive commissions at my hands to 
fill high, honorable and important stations, who 
have either by design or otherwise been imposed 
upon you, it is a duty \\^hich I owe to you, myself 
and my constituents to notify you of your erroi • 

Ever feeling the v/eight of responsibility- 
placed upon me by the suffrages of the people- 
as guardian of their rights, however unpleasant 
or painful the task, sheer justice shall be admin- 
istered to the best of my abilities, without favor 
or affection. Having thus premised, I beg the 
favor of your honorable body to reconsider two 



154 LIFE OF HENRY SMITH. 

of the appointments contained in your list, and 
strike out the names of Edward Gritton and D. 
C. Barrett, and let others be substituted in their 
stead. I never can extend to them commissions, 
unless compelled by a constitutional majority of 
your body, for the reasons which follow : First' 
of Mr. Gritton, as Collector of Revenue of the 
port of Copano. It is well known that Mr. 
Gritton first made his appearance in Texas as 
Secretary of Col. Almonte, who was an avowed 
spy upon us under the orders of Santa Anna ; an 
Englishman by birth and a Mexican by adoption 
and long residence ; allied to our enemies by 
affinity and commerce, he has not joined our 
army and I have ever considered him a spy 
upon us. 

It must be evident that we have good, honest 
and capable men whose interests identify them 
with the country and whose characters are above 
suspicion, and I confidently hope your honorable 
body will make another selection . 

Respecting Mr. D. C. Barrett, I regret ex- 
tremely that it is my disagreeable and painful 
though bounden duty to object to his appoint- 
ment as "Judge Advocate General of all the 
armies of Texas, with the rank and pay of Colonel 
in the line." 



LIFE OF HENRY SMITH. 155 

I object, in the first place, because the office 
is new and unheard of in the country. And 
secondly, I am bound to prefer against Mr. Bar- 
rett the following specification of charges : 

Here followed six charges which were, if 
true, of too grave a character to justify the depo- 
sition of official power in the hands of Mr. Bar- 
rett, and the governor asserted that they could be 
sustained. 

The council, however, after considerable dis- 
cussion, in secret session, on December 25th 
adopted antagonizing resolutions as will be seen 
farther on. 

Notwithstanding this discourteous action, 
(refusing to spread the message on the journals,) 
the impropriety and evil tendency of the resolu- 
tion creating an important office and filling it 
with a member of their own body — especially 
with one who was antagonizing the growing 
sentiment in favor of independence — of which 
Governor Smith was the champion — was so potent, 
that Mr. Power introduced, on the same day 
that Governor Smith's remonstrating message 
was presented, the following resolution : 

Resolved, That no member of this council 
shall be eligible to any office created by it while 



156 LIFE OF HENRY SMITH. 

a member of the council, nor for three months 
after he vacates his seat as a member. 

This resolution, of course, was not adopted 
by the majority who had just violated its wise 
and salutary principle, but "was read and or- 
dered to lie upon the table." 

And on the same day the following : 

Oentlemen. — I herewith transmit to you the 
official report of the capitulation of the enemy's 
forces at Bexar, of which rumor has some time 
since reached you. I send you this correspond- 
ence, not only because it is due to you, but with 
a request that you investigate it, and as soon as 
possible that your body will be good enough to 
make from the whole a succinct official report 
for the public eye as you may deem expedient 
and best calculated to be circulated in hand-bill 
form, in order that it be published and circulated 
immediately. I am, gentlemen. 

Your obedient servant, 
Henry Smith, 

December 17, 1835 Governor. 

The following message shows with what 
keen watchfulness Governor Smith presided 
over the new government. 

San Felipe, December 18, 1835. 
Oentlemen of the Council : 

I herewith transmit to your body a commu- 



LIFE OF HENRY SMITH. 157 

nication received from the commander-in-chief 
of the army, (Gen. Sam Houston,) in which he 
complains of delays on your part, in making the 
necessary appropriations for the recruiting ser- 
vice. It must be obvious to all that everything 
connected with the speedy organization of the 
army should be attended to as speedily as possible ; 
and that no obstacle should be thrown in the 
way, in the least calculated to retard that object, 
which is so essentially necessary to the protection 
of the country. I, therefore, confidently hope 
that your body will immediately consider the 
matter, and make such appropriation as will be 
ample and sufficient for that service, and place it 
under such restrictions and securities as will be 
calculated in all cases to secure the government 
from fraud or imposition. And by no means 
permit any barrier to remain in the least calcu- 
lated to retard or discourage the recruiting ser- 
vice, on which so much depends. 

I further have to suggest to you the propriety 
of appointing the commissioners on the part of 
this government to carry into effect the Indian 
treaty, as contemplated by the convention. I 
can see no difficulty which can reasonably occur 
in the appointment or selecting the proper agents 



158 LIFE OF HENRY SMITH. 

on onr part, having so many examples and pre- 
cedents before us. The United States have 
universally sent their most distinguished military 
officers to perform such duties; because the 
Indians generally look up to, and respect their 
authority as coercive and paramount. I would, 
therefore, suggest the propriety of appointing 
Gen. Sam Houston, of the army, and Col. 
John Forbes, of Nacogdoches, who has been 
already commissioned as one of my aids. 
These commissioners would go specially in- 
structed, so that no wrong could be committed, 
either to the government, the Indians, or our 
individual citizens. All legitimate rights would 
be respected, and no others. I am well aware 
that we have no right to transcend the superior 
order and dedaration made by the convention ; 
that we must keep strictly within the purview of 
that article, and, if I recollect that article right, 
the outline or external boundaries were demarked 
within which the Indian tribes alluded to should 
be located; but at the same time paying due 
regard to the legitimate locations of our own 
citizens within the same limits. If those Indians 
have introduced themselves in good faith under 
the colonization laws of the government, they 
should be entitled to the benefits of those laws 



LIFE OF HENRY SMITH. 159 

and comply with their conditions. I deem it a 
duty which we owe to them to pay all due respect 
to their rights, and claim their co-operation in the 
support of them— and at the same time not 
infringe the rights of our own countrymen, so far 
as they have been justly founded. These agents, 
going under proper instructions, would be ena- 
bled to do right, but not permitted to do wrong, 
as their negotiation would be subject to investi- 
gation and ratification by the government, before 
it would become a law. I am, gentlemen, 

Your obedient servant, 
Henry Smith, 
Governor. 
■■■'■" SURRENDER OF BEXAR. 

Mr. Barrett then offered the following reso- 
lution, which was adopted : 

Resolved, That the General Council feel 
that no better or more suitable report can be 
made to the people of Texas and to the world of 
the brilliant storming and taking of Bexar than 
that contained in the report of the brave officers 
who have communicated their achievements to 
the Provisional Government, and that the same 
be given to the printer for publication, and five 
hundred copies, in hand bill form, be printed as 
soon as possible. 



160 LIFE OF HENRY SMITH. 

Notwithstanding the resolution just quoted, 
the keen eye of the governor seems to have dis- 
covered a tendency towards anarchy, as will be 
seen by the following of the same date : 

Gentlemen. — I herewith transmit to your body 
two appointments which purport to have been 
made by the commander-in-chief of the volunteer 
army at Bexar. I lay them before you by special 
request, well knowing that you understand your 
duties in that particular, and as such will appre- 
ciate those appointments in a proper manner. 
The campaign against Bexar seems to have ter- 
minated by capitulation. It is now time for the 
government to bring everything under its own 
proper control, and pursue the organic system in 
place of confusion or desultory warfare. This 
alone can cure evils which necesstious precipi- 
tancy has thrown in upon us. That this newly 
framed organization, springing from the midst of 
anarchy and confusion, could be sustained with- 
out encountering difficulties, could not be ex- 
pected. Restless^ disorganizing spirits are, and 
ever have been, busy, both in the camp and at 
home, with their vile intrigues and machinations, 
to sap the very foundation of all our hopes. 
Your honorable body can not be so blind as not 
to discover their base purposes. I now Vv^arn 



LIFE OF HENRY SMITH. 161 

you to place on them the mark of Cain, as an 
assurance that their merited fate awaits them. 
I have previously admonished you that no com- 
mon duties devolved upon you; that a bold, 
determined stand on your part was necessary to 
the preservation of the country. The foundation 
already laid must be sustained, and the fabric 
reared upon it. It is for you, then, who have 
been entrusted with the charge, to aid, by your 
indefatigable perseverance, to complete the build- 
ing. There is virtue in the people, and they will 
sustain you. I am, gentlemen, 

Your obedient servant, 
Henry Smith, 

December 18, 1835. Governor. 

The Governor was sustained in his opposition 
to this irregular mode of appointments, by a 
report from the committee on military affairs. 

On the 25th of December the council finally 
adopted the following resolutions, responsive to 
the governor's message of the I7th : 

Resolved by the General Council, That this 
Council cloeF not recognize or acknowledge 
any power in the executive branch of said 
government, to object to, or veto appointments 
to office made by this council. That the appoint- 
ing power is exclusively with the council, and 



162 LIFE OF HENRY SMITH. 

the commissioning is the duty of the governor, 
consequent upon his office ; and even if otherwise, 
the veto as returned upon the hst of officers 
appointed by this council dated on the 1 1th inst , 
was not returned within the three days prescribed 
by the ordinance and decree declaring the mode 
of passing, signing and publishing the ordinances, 
decrees and resolutions of the Provisional Gov- 
ernment of Texasv The list of officers appointed 
was sent to the executive officer the 12th of De- 
cember and returned December 1 7th. 

2nd. Resolved^ That by the 11th article of 

the Organic law, this council can only consider 

charges and specifications preferred against a 

member of this council, for malfeasance or mis- 

. conduct in office. 

3rd. Resolved^ That the charges of this char- 
acter preferred by the governor in his message of 
the 1 7th inst, against Messrs. Grittonand Barrett, 
the General Council repel, as l)eing untrue, and 
the other charges are not a subject matter proper 
to be investigated by this council, according to 
the aforesaid article of the Organic law. 

4th. Resolved, That the governor be, and 
he is hereby requested, to issue commissions 
forthwith, to the persons named in the certified 



LIFE OF HENRY SMITH. 163 

list of the persons eelcted under date of the lltli 
instant. 

5th. Resolved, That the governor be fur- 
nished with a copy of the foregoing resolutions : 

On motion of Mr Menefee the seals of secre- 
cy were removed from all the proceedings in 
secret session up to this date. 

Resolved, That the message of th^. governor of 
the 17th inst., be filed among the papers of the 
council, and not entered on the journals, 
THE BREACH WIDENING. 

On December 25th the committee on military 
affairs submitted the following extraordinary 
report and resolutions, so abounding in quixotic 
ideas and schemes to demoralize and confuse the 
military operations of the country, as to stamp 
them with condemnation by every one at all 
versed in the imperious necessity of discipline 
and a directing head in the prosecution of war. A 
man of the clear perceptions and fixedness of 
purpose of Governor Smith could only regard 
such action by the council, if allowed to prevail, 
as leading to disaster, if not to ruin. 

Here follow the report and resolutions : 
"The committee on military affairs, to whom 
was referred Mnjor F. W. Johnson's letter of 
December 18, 1835, from headquarters at San 



1 64 LIFE OF HENRY SMITH. 

Antonio de Bexar, have had the same under 
consideration, and from the information con- 
tained therein, together with the movements of 
Gen. Cos, after his departure from San Antonio 
de Bexar, learned from a private source, renders 
it necessary to concentrate on the frontier, at the 
most important points, all the troops that can be 
raised, and that as speedily as possible. 

We are also informed by the communication 
received from Bexar that advices have been 
received at that place, stating that Gen. Ramirez 
Sesma had arrived at Laredo with 500 cavalry 
and 1000 infantry, for the purpose of reinforcing 
Gen. Cos, and that an army was raising at San 
Luis Potosi, to be commanded by Santa Anna. 

Your committee would therefore recommend 
that an express be sent to the commander-in-chief 
of the regular army of Texas, forwarding to him 
a copy of the letter received from Bexar of the 
18th inst ; and the private intelligence of the 
movements of Gen. Cos ; and further, that Col. J. 
W. Fannin be ordered to proceed forthwith, to 
the west, and take command of the regular and 
auxiliary troops, and that Col. Travis be ordered 
to repair with all possible dispatch to the fron- 
tier, or the seat of war, with all the troops he can 
bring into the field at this time, under his com 



LIFE OF HENRY SMITH. 105 

mand ; and that the troops at Washington, and 
such as may be on the Guadakipe, will be ordered 
to repair immediately to Goliad, Copano or 
Bexar, for the purpose of co-operating with and 
acting in concert in the general defensive or 
offensive operations which may be ordered or 
deemed necessary. 

Your committee would further earnestly 
recommend, that the commander-in-chief be 
ordered to concentrate all the troops under his 
command, or that can be brought into the field, 
at Goliad or Copano, with all possible dispatch, 
taking care at the same time to procure, by his 
contractors, the necessary supplies of provisions 
for the sustenance of his troops, and that his 
orders be executed with all promptness and dis- 
patch ; and further that the commander-in-chief 
be required to arrange and give orders to his 
recruiting officers and make such disposition of 
his recruiting officers as may be deemed best by 
him. 

Therefore your committee recommend the 
adoption of the following resolutions : 

Inasmuch as the number of troops fit for 
duty now in the field is very much augmented, 
there being four hundred troops now at Bexar, 
seventy at Washington^ eighty at Goliad, two 



166 LIFE OF HENRY SMITH. 

hundred at Velasco and several companies on 
their march to the different military posts and 
places of rendezvous, making in the aggregate 
seven hundred and fifty men now in service, and 
ready for active operation ; and at least one hun- 
dred more, not enumerated in the above aggregate, 
who will join Ihe army in a few days. Active 
operations should be immedately commenced; 
for the expenses of the above number of men, 
now in service, together with the officers and 
contingent expenses, are too great for Texas in 
the present state of her finances. Besides, to keep 
the troops idle who have entered the service, will do 
us great injury at this time. It will induce those 
who are willing and able to aid us, to believe that 
we have no use for any more troops ; it will give 
our enemies time to fortify Matamoros and 
Laredo, so they can demonstrate on us in the 
spring or whenever they think proper, knowing 
their fortifications would enable them to retreat 
safely, even if they were defeated, and should it 
become necessary to take either of the aforesaid 
places, for the security of our frontier, it would 
be far more difficult than it would be at this 
time, and no man can doubt the importance and 
necessity of striking a decisive blow at once. By 
taking Matamoros, we have the possession of the 



LIFE OF HENRY SMITH. 167 

key! Yes, the commercial depot of the whole 
country, north and northwest for several hundred 
miles. We can then fortify the place; demon- 
strate, when the occasion presents itself, or it 
becomes necessary, upon the towns north and 
west. We can also land provisions and all the 
munitions of war and troops, if necessary, at that 
point (Matamoros,) at any time with perfect 
safety, and witout incurring half the risk and 
ex^Dense we must at present. And we can also 
command the Gulf of Mexico from that point to 
the City of New Orleans, and land our troops and 
supplies wherever we please. 

Therefore be it resolved, by the General 
Council of the Provisional Government of Texas, 
that his Excellency Henry Smith, Governor, be 
and he is hereby earnestly requested to concen- 
trate all his troops by his proper officers, at 
Copano and San Patricio, for the purpose of 
carrying into effect the objects expressed and con- 
tained in the foregoing report. 

Be it further resovled, That no officer of the 
regular army of Texas shall receive pay until he 
is in actual service, under orders of the com- 
mander-in-chief." 

On the same day the chairman of the same 
committee presented the following report, which 
was read and adopted : 



168 LIFE OF HENRY SMITH. 

"Your committee to whom was referred the 
petition of certain officers asking permission to 
proceed to Copano, have had the same under con- 
sideration, and would respectfully recommend to 
the honorable the General Council that his excel- 
lency, the governor, be requested to give said pe- 
titioners permission or orders to proceed to 
Copano to fortify and defend said place, until 
they receive further orders, and that his Excel- 
lency, Henry Smith, Governor, be requested to 
notify the commander in-chief of the regular 
army of Texas of the same. 

Your committee deems it important to order 
Capt. Allen to that point, and also to accept the 
service of such volunteers as tender their services 
to aid Capt. Mien and his company, and for 
many important reasons In the first place, 
provisions, ammunition and supplies will be 
ordered to Copano by our agents in New Orleans, 
and they will be liable to be taken by our ene- 
mies, unless a sufficient force is sustained there 
to guard them. Besides, w^e are threatened with 
a large army under the command of Santa 
Anna, and by building fortifications at different 
points on the frontier of our State we shall be 
able to contend against a much superior force to 
what we otherwise should. It will also throw an 



LIFE OF HENRY SMITH. 1C9 

additional number of troops on the frontier to 
co-operate and act in concert with the regular 
and auxiliary troops, should a large force be sent 
to invade us immediately, which we have every 
reason to believe will be the case, and that before 
we can even raise and organize a regiment of the 
regular army. Your committee would therefore 
respectfully recommend to the council the adop- 
tion of the following resolution : 

Resolved, That Capt. Allen and J. Cheno- 
weth's petition, together with this report, be 
copied by the secretary and handed to his Excel- 
lency Henry Smith, Governor of the Provisional 
Government of Texas." 

Following these two extraordinary fulmi na- 
tions of the council, the governor sent in this 
communication : 

San Felipe, December 23, 1835. 
To the President and members of the Council : 

Gentlemen. — I herewith transmit to you va- 
rious documents received from the commander 
at Bexar. You will see various bills which they 
think necessary to be filled out — all of which you 
will compare and consider. The bills already 
forwarded to the United States to be filled by 
special agents, you will take into consideration, 
and see if anything additional should be ordered 



1 70 LIFE OF HENRY SMITH. 

Of the article of bread-stuff they seem to be very 
scarce, and, from verbal information, very little 
is on the way from Gonzales ; what orders have 
been sent to commissaries for the forwarding of 
supplies from the west, by way of Lavaca, I am 
not advised, but hope that the necessary means 
will be used to keep them supplied with whatever 
the garrison may need. You will also see an 
account in favor of Mr. Arnold, of which you 
will make the proper disposition. The documents 
relating to the creation of officers in the camp 
requiring commissions, cfcc, I have passed over to 
Gen. Houston, the commander-in-chief, with a 
request that he proceed to order the proper offi- 
cers to that point to take command and reduce 
the previous disorganization to system. 

I also transmit to you documents, this mo- 
ment received from Capt. Caldwell, of Gonzales, 
who has been engaged in forwarding supplies to 
the army. I have also received verbal information 
that Capt. Caldwell has unfortunately received 
a wound which will probably retard the prosecu- 
tion of his duties for the present. By verbal 
request of officers who have been in command 
at Bexar, I am informed that a Mr. Smith, a deaf 
man well known to tlie army for his vigilance and 
meritorious acts has been severely wounded in 



LIFE OF HENRY SMITH. iTl 

storming Bexar, and that his family are daily 
expected in this place with the expectation that 
the council would exercise such guardianship 
over them as their situation may require. Their 
head remains in camp, as his services as a spy 
cannot be well dispensed with. [The famous 
Deaf Smith.] 

All of which is transmitted to your honorable 
body for its information and corresponding 
effects by 

Your obedient servant, 
Henry Smith, 
Governor. 

San Felipe, December 26, 1835. 
To the General Council : 

Gentlemen. — I transmit to your body a tran- 
script made from a communication just received 
from John Forbes of Nacogdoches. A part of the 
communication being of a private character, 
precludes its introduction. 

Mr. Forbes encloses back a commission which 
had been previously sent to him, which I here- 
with transmit to you with these remaks, as a 
reason why it was returned. That he had pre- 
viously received the appointment of first judge 
of that municipality, and in obedience to an ordi- 
nance and decree regulating ordinances under 



172 LIFE OF HENRY SMITH. 

this government, he felt bound to decline the 
acceptance of the last commission and returned 
it with these remarks. And furthermore says 
that "owing to the combined and active opposi- 
tion of some six or eight speculators, sustained 
by individuals from the States, who employ them 
to engross the lands that are properly the public 
domain, that the intentions of the government 
and its acts relating to the public land, and f^ven 
its judicial acts, have been delayed and interrupt- 
ed greatly to the injury of the public." 

He says: "I should be happy to receive 
from the council some rules for my government 
as judge, the duties of which I shall endeavor 
faithfully to discharge." 

He further says : "I amx solicitous to hear 
whether the two per cent, duties, which have 
heretofore been laid for the use of the State, is 
yet in force." 

Your honorable body will plainly see from 
the foregoing, the situation of the land office in 
the east, and that the acts of the convention have 
not been carried into effect ; nor does it appear 
that it can be, short of a militarv force ; and 
whether such a course would be calculated to 
produce any salutary effect, is for your honorable 
body to determine. That some kind of effort 



LIFE OF HENRY SMITH. 173 

should be made by us to sustain and protect the. 
pubhc interest, must be obvious to all. While 
we are contending with a powerful foe, even for 
our very existence, that we should find men 
among us capable of committing piracies both on 
sea and land is, I must admit, rather discourag- 
ing; but permit me to say to you that every 
opposition has a powerful tendency to stimulate 
me to greater exertion, and, I hope it will have 
the same effect on your honorable body. Oppo. 
sition, strong, vigilant and persevering, was by 
me anticipated— so I am not taken by surprise, 
or deceived, in the men Ivho stir it up. They never 
consider the public good, but seek their own 
private interests ; hence they are ever vigilant and 
on the wing. 

It is made our duty to guard and protect 
that which they wish to destroy. They dread 
organization as a great evil, because honest in- 
vestigation follows as a matter of course, which 
they dread. 

I would recommend to the consideration of 
your honoraljle body the propriety of some 
efficient course to be adopted, to carry into effect 
the decrees of the late convention, and also the 
decrees of the Provisional Government, predica- 
ted on their authority. Let us faithfully and 



174 LIFE OF HENRY SMITH. 

honestly discharge our duty and the country 
will sustain us. 

I am entirely at a loss to know what is meant 
in the inquiry of Mr. Forbes respecting the two 
per cent, duty, heretofore collected in favor of 
the government, and whether it is still continued. 
I have never known any such duty or law to have 
been in force. I am gentlemen, 

Your obedient servant, 
Henry Smith, 
Governor. 

San Felipe, December 27, 1835. 
To the General Council : 

Oentlemen. — I have received and considered 
the ordinance creating the offices of auditor and 
controller of public accounts, which also assigns 
to each his duties. On this bill I have but few 
observations to make or objections to raise. But 
two only, both of which would be easily complied 
with. The first will be found in the last clause 
of the fifth section. 1 would suggest the pro- 
priety of striking out the last clause from the 
word "provided'' (which is underscored) to the 
end of the section. This clause is in itself rather 
ambiguous, and if not leaving a door open to 
fraud, will be calculated to excite jealousy and 
suspicion. All money drawn from the treasury 



LIFK OF HENRY SMITH. 1V5 

should be subjectt to the same routine and the 
proper guards and cheoks interposed to prevent 
fraud, and no branch of the government should 
retain exclusive privileges in such matters. F<)r 
if no other injury should result, it would at least 
have a tendency to produce complexity and con- 
fusion in the offices. 

The other amendment, which I wish to sug 
gest, is only for the purpose of avoiding am- 
biguity, and that the matter b3 plainly under- 
stood ; which by continuing the ninth section, by 
adding the words "after the claim has been once 
adjudicated and filed," which would show that 
it was in compensation for extra labor. 

I also transmit, to you various resolutions 
&c., which have been signed and, where necessary, 
complied with. The resolution to correspond 
with Mr. Lamar of Georgia, will be complied 
with as soon as an opportunity offers. 

I also send the correspondence received from 
Bexar ; it is however principally of introductory 
character, speaking of men who ar(^ deemed 
worthy to be considered in time of office making. 
Capt. Cook, of the New Orleans Greys, is highly 
recommended by all, both for his ability, and 
distinguished bravery as an ofticer, and, if possi- 
ble, I would like to extend him a commission. 



176 LIFE OF HENRY SMITH. 

I also send you the official report of Doctor 
Pollard as surgeon of the volunteer army. The 
new revenue bill I have examined and signed, 
which is now under transcript for some of the 
revenue officers. I am, gentlemen, 

Your obedient servant, 

Henry Smith, 
Governor. 

, The ordinance vetoed, was passed over the 
governor's objections. 
IMPOETANT LETTER FROM STEPHEN F. AUSTIN. 
On the 31st of December, 1835, the following 
letter, addressed to certain persons named, some 
of whom were not members of the council, was 
read, but not printed in the journals. The origi- 
nal letter, now before us, is endorsed by E. M. 
Pease, Secretary : "Referred to committee on 
State and judiciary, December 31, 1835." It will 
be remembered that Stephen F. Austin, Branch 
T. Archer and William H. Wharton, had been 
appointed, by the consultation on the 12th day 
of November, commissioners to seek aid for 
Texas in the United States. This letter, as 
shown on its face, was written by Gen. Austin 
on the eve of their departure on that mission. 
Here it is : 



LIFE OF HENRY SMITH. 177 

QuiNTANA, December 22, 1835. 

Dear Sirs.— We expect to get off to-morrow 
in the Wm. Robbins, Archer, the two Whartoiis 
and myself and several other passengers. 

There has been a great deal of low intrigue 
in the political manoeuvering of a party who I 
am at last forced to believe have their own per- 
sonal ambition and aggrandisement in view, 
more than the good of the country. These men 
have operated on Archer until they have made 
him almost a political fanatic, preaching a cru- 
sade in favor of liberty against the city of Mexico, 
the only place short of which the army of Texas 
ought to stop, &c. 

The Mexicans say that it is rather curious 
that the people of" Texas should fight against 
military rulers, and at the same time, try to build 
up an army that may, in its turn, rule Texas as 
it pleases. I think it probable there will be some 
thousands of volunteers from the United States 
in a few months. They nearly all wish to join 
the regular army on the basis of volunteers. 
What shall we do with so many? How support 
them ? I fear that the true secret of the efforts 
to declare independence is, that there must then 
be a considerable standing army, which, in the 



178 LIFE OF HENRY SMITH. 

hands of a few, would dispose of the old settlers 
and their interests as the}^ thought proper. 

The true policy for Texas is to call a conven- 
tion, amend the declaration of the 7th of November 
last, by declaring Texas a State of the Mexican 
Confederacy under the basis laid down in the 
the fifth and other articles of said declaration of 
7th of November — form a constitution and or- 
ganize a permanent government. Every possi- 
ble aid should be given to the Federal party in 
the interior; but it should be done as auxiliary 
aid, in conformity with the second article of the 
declaration. By doing this the war will be kept 
out of Texas. This country will remain at 
peace. It will fill up rapidly w^ith families, and 
there will be no great need of a standing army. 
I believe that the combinations in the State of 
Tamaulipas are very extensive to form a new 
republic by a line from Tampico, west to the 
Pacific, and it is probable that the capitulation at 
Bexar was ma'le to promote that object. In 
short, it is mucli easier to keep the war out of 
Texas, than to bring it back again to our own 
doors. All that is necessary is for us not to do 
anything that ivill compel the Federal party to turn 
against us, and if thej^ call on us for aid, let it be 
given as auxiliary aid, and on no other footing. 



LIFE OF HENRY SMITH. 179 

This takes away the character of a national war, 
which the government in Mexico is trying to 
give it, and it will also give to Texas just claims 
on the Federal party, for remuneration out of 
the proceeds of the Custom Houses of Matamoros 
and Tampico, for our expenses in furnishing the 
the auxiliary aid. But if Texas sends an invad- 
ing force of foreign troops against Matamoros, 
it will change the whole matter. Gen. Mexia 
ought to have commanded the expedition to Mat- 
amoros and only waited to be asked by the Pro- 
visional Government to do so. 

I repeat : It is much easier to keep the war 
out of Texas and beyond the Rio Grande, than to 
bring it here to our own doors. The farmers and 
substantial men of Texas can yet save themselves^ 
l)ut to do so they must act in union and as one 
man. 

This, I fear, is impossible, ^n the upper 
settlement Dr. Hoxey is loud for independence- 
Of course he is in favor of a large standing army 
to sustain it, and will uo doul)t be ready to give 
up half or all of his ]}roi)urty to su|)])oi*t thous- 
ands of volunteers, etc., who will Hood the coun- 
try from abroad. 

It is all very well and right to show to the 
world that Texas has just and equitable grounds 



180 LIFE OF HENRY SMITH. 

to declare independence ; but it is putting the old 
settlers in great danger to make any such decla- 
ration, for it will turn all the parties in Mexico 
against us. It will bring back the war to our 
doors, which is now far from us, and it will 
compel the men of property in Texas to give up 
half or all to support a standing army of suffi- 
cient magnitude, to contend with all Mexico 
united. Yours respectfully, 

S. F. Austin. 
To Messrs. F. W. Johnson, Daniel Parker, D. C. 

Barrett, J. W. Robinson, Wyatt Hanks, P. 

Sublett and Asa Hoxeij. 

P. S. Mr. Parker will please send this letter 
to T. J. Uusk, of the Nacogdoches department. 

S. F. A. 

This letter from (ren. Austin, considering the 
time and the peculiar circumstances under which 
it was written — the time being the eve of his 
departure on a momentous mission ; the circum- 
stances being that he differed with the chief 
executive of the country, his two colleagues' 
Wharton and Archer, and with a rapidly grow- 
ing public sentiment in favor of absolute inde- 
pendence from Mexico, will appear to many as 
extraordinary and ill-timed. And when his NeU^ 
Orleans letter to Gen Houston, written only 



LIFE OF HENRY SMITH. 181 

sixtoen days later, is read, unless a satisfactory 
explanation can be given, astonishment must be 
the result. One of its effects was to increase the 
alienation between Governor Smith, the head of 
the Independence party, and a majority of the 
council who agreed with Gen. Austin. But, 
rightly understood, it was in harmony with all 
the utterances of that gentleman, from his first 
Mexican letter, from Matamoros, May 30th, 1833, 
followed by others from the City of Mexico down 
to and after his return to Texas in September, 
1835. That Gen. Austin's heart and interest 
were deeply involved in the welfare of Texas, 
must be evident to every mind comprehending 
his true position. But it must be borne in mind 
that he went to Mexico in May, 1833, as the agent 
of Texas, to secure her admission into the Mexican 
Union as a distinct State, separate from Coahuila, 
under the constitution drafted by the convention 
of April in that year, w^hich selected him as one 
of three commissioners to represent them at the 
Mexican Capitol, and that he alone undertook 
the journey; that he remained in Mexico two 
years and three months and during most of that 
time was incarcerated in the prisons of the Capitol 
— denied, much of the time, intercourse with his 
friends and rarely heaving from Texas, and then 



182 LIFE OF HENRY SMITH. 

in meagre and unreliable rumors — and that he 
had no reliable means of knowing the truth in 
regard to the rapidly changing events, either in 
Texas or Mexico, Moreover that he was in a 
position to be falsely impressed with regard to 
Mexican affairs and designs through the cunning 
artifices of Santa Anna and his minions. That 
he was wholly misled as to the real designs of 
Santa Anna, his letters distinctly show ; and that 
he was radically mistaken as to the power of the 
federal party in Mexico, is equally clear, for from 
the annihilation of the federal army, the forlorn 
hope of that party, by Santa Anna, in Zacatecas, 
in April, 1835, there w^as no federal power worthy 
of the name of organization, until the feeble 
struggles were renewed north of the Sierra 
Madre in 1839, three years after the independ- 
ence of Texas was declared at Washington and 
won at San Jacinto. 

The growth of the feeling in favor of Texian 
independence, naturally to flow from the destruc- 
tion of the federal party in the Waterloo at 
Zacatecas, and the overthrow of the Constitu- 
tional Government of Coahuila and Texas, at 
Monclova, by Gen. Cos, under the direct orders 
of Santa Anna, was held in check in Texas and 
considered almost treasonable by many, lest its 



LIFE OF HENRY SMITH. .183 

manifestations might endanger the Ufe of Gen. 
Austin, still in prison. This was a natural and 
an honorable feeling — honorable to the people so 
influenced and honorable to Gen. Austin as their 
vicarious agent. 

When Gen. Austin returned home Septem- 
ber 15, 1835, he found Texas ripe for revolution 
against the despotic usurpers of Mexico and pre- 
liminary organizations matured and maturing 
throughout the country. Committees of safety 
and correspondence were formed and the call 
had already gone forth for a convention to be 
known as the "Consultation of the chosen dele- 
gates of all Texas," which, in November, proved 
to be the creator of a "Provisional Government," 
and this paved the way to an absolute declara- 
tion of independence on the 2nd of March, 1836, 
less than four months later. 

Gen. Austin was vfarmly and gratefully 
welcomed home by men of all shades of opinion. 
He was soon made chairman of the committee 
at San Felipe and from the 11th of October to 
the 25th of November was in command of the 
volunteer citizens who marched to and besieged 
San Antonio. At the latter date, however, in 
obedience to the action of the Consultation in 
selecting him, along with Messrs. Archer and 



184. LIFE OF HENRY SMITH. 

Wharton, as a commissioner to the United States, 
he left San Antonio and repaired to San Fehpe 
to join his colleagues on that mission. 

It will be seen that he continued to cherish 
the views he brought from Mexico and seems not 
to have grasped the real condition of affairs in 
Texas, or from a Texas stand point, but rather to 
have been misled by those who believed in fight- 
ing for statehood as an integral part of Mexico 
and who were opposed to independence. 

But a very short stay in New Orleans opened 
to his mind a new line of thought, in favor of 
the policy he had before opposed and largely for 
reasons that had been urged by Govern()r Smith, 
Wharton, Archer^ Travis and others. This 
cogent reason was, that while fighting in inter- 
necine strife as a mere province of Mexico, Texrs 
need expect no material aid from the United 
States ; but, on the other hand, if Texas would 
declare herself an Independent Republic, men, 
money and munitions of war would pour in 
upon her from the great Republic to which 
nineteen-twentieths of the Texas people owed 
their birth. From that moment Stephen F. 
Austin was an ardent friend and advocate of 
independence. He rendered valuable service in 
the United States; returned home in June, 



LIFE OF HENRY SMTTTI. 185 

became the first Secretary of State of the Repub- 
Hc on th9 23rcl of October, and dietl on the 27th 
of December, 1836, lamented by all as the 
founder and father of American civilization in 
Texas, 

On December 29th the committee on military 
affairs submitted the following resolution, still 
farther virtually assuming the powers of the 
commander-in-chief : 

^^ Resolved, That the governor be requested 
to authorize Col. James Bowie to raise and ren- 
dezvous all the troops he possibly can, to be en- 
rolled according to the provisions of the ordinance 
and decree creating an auxiliary volunteer corps 
of Texas, and report himself at Goliad, at as 
early a day as possible." 

On the same day the president of the council 
submitted a communication from the governor 
responsive to the censorious resolutions of the 
25th, which was read — ordered to be filed — and 
not placed on the journals; — another indignity, 
hastening and widening tlie breach between the 
governor and council— leading to their abortive 
attempt at his deposition and their speedy loss 
of a quorum for the transaction of business, 
which they never recovered, leaving Governor 
Smith the only source of legal authority until he 



186 LIFE OF HENRY SMITH. 

« 

surrendered the government to the convention of 
mdependence m March, 1836. 

Nothing so aptly illustrates the watchful 
care and fidelity of Governor Smith, as a guar- 
dian of the public weal, as his communications to 
the council, several of which are here inserted. 

Under date of January 2d, 1836, he says ; 

Gentlemen. — I herewith transmit to your body 
the report of John H. Money, former treasurer 
of this municipality. You will see by the accom- 
panying vouchers the disbursements made by 
him— some of them you may deem it necessary 
to consider. Mr. Money is anxious to bring the 
matter to a close by final settlement. I also 
send you a petition signed by various persons, 
which will show for itself. 1 further have to 
remark that the reports made by the command- 
ant of Goliad, shows that he has on hand at that 
station, public property to a considerable 
amount, consisting of various goods, dues to the 
Custom House, &c., all of which he is anxious 
should be properly disposed of for the public 
benefit. You will therefore make such orders 
on that subject as you may deem necessary to 
promote the public interest, and at the same 



LIFE OF HENRY SMITH. 187 

time to release the commandant from further 
responsibility. I am, gentlemen, 

Your obedient servant, 
Henry Smith, 
Governor, 

It should have been elsewhere stated that, 
in accordance with an ordinance previously pre- 
sented by the Hon. James Kerr, of Jackson, 
and passed by the council on the 22nd of 
December, Governor Smith, on the 25th of the 
same month, issued commissions to Gen. Sam 
Houston, John Forbes, of Nacogdoches and Dr. 
John Cameron, as commissioners to treat with 
the Cherokee Indians and their twelve associate 
bands, then residing in that portion of East 
Texas now covered by Anderson, Cherokee, Rusk, 
Smith and other counties. The treaty was so 
far made as to secure, for the time, the neutrality 
of those Indians. 

The disorganizing course of the council in 
pandering to the clamors of a few ambitious and 
visionary men and usurping the functions of 
the governor as commander-in-chief in military 
and naval affairs, as well as those of Gen. Hous- 
ton as general in-chief of the army, among other 
things encouraging the suicidal expedition pro- 
posed to capture Matamoros, added to what he 



188 LIFE OF HENRY SMITH. 

considered a conspiracy by Barrett and others 
of the council to destroy his influence, because 
of his unyielding advocacy of independence, 
culminated in the following indignant and 
unparliamentary but very natural outburst from 
Governor Smith. 

San Felipe, January 9, 1836. 
Oentlemen of the Council : 

I herewith transmit to your body, the returns 
and correspondence of Col. Neill, Lieutenant- 
Colonel-Commandant of the post of Bejar. You 
will in that correspondence find the situation of 
that garrison. You will there find a detail of 
facts calculated to call forth the indignant feel- 
ings of every honest man. Can your body say 
that they have not been cognizant of, and con- 
nived at, this predatory expedition? Are you 
not daily holding conference, and planning co- 
operation, both by sea and land? Acts speak 
louder than words! They are now before me, 
authorizing the appointment of a generalissimo 
with plenary powders to plan expeditions on the . 
faith, the credit, and I may justly say, to the 
ruin of the country. You urge me by resolutions 
to make appointments, fit out vessels as gov- 
ernment vessels — registering them as such — 
appointing landsmen to command a naval expe- 



LIFE OF HENRY SMITH. 189 

dition, by making representations, urgent in 
their nature, and for what? I see no reason but 
to carry into effect, by the hurried and improvi- 
dent acts of my department, your favorite object, 
by getting my sanction to an act disorganizing 
in its nature, and ruinous in its effects. Instead 
of acting as becomes tlie counsellors and guar- 
dians of a free people, you resolve yourselves 
into intriguing, caucussing parties ; pass resolu- 
tions, without a quorum, predicated on false 
premises ; and endeavor to ruin the country by 
countenancing, aiding and abetting parties ; and 
if you could only deceive me enough, you would 
join with it a piratical co-operation. You have 
acted in bad faith, and seem determined by your 
acts to destroy the very institutions which you 
are pledged and sworn to support. I have been 
placed on the political watch-tower. I feel the 
weight of responsibility devolving upon me, and 
confidently hope I will be enabled to prove a 
faithful sentinel. You have also been posted as 
sentinels ; but you have permitted the enemy to 
pass your lines; and, Mexican like, are ready to 
sacrifice your country at the shrine of plunder. 
Mr. president, I speak collectively, as you all 
form one whole, though, at the same time, I do 
not mean all. I know you have honest men 



190 LIFE OF HENRY SMITH. 

there, and of sterling worth and integrity ; but 
you have Judases in the camp — corruption, base 
corruption, has crept into your councils — men 
who, if possible would deceive their God. Not- 
withstanding their deep laid plans and intrigues, 
I have not been asleep. They have long since 
been anticipated, forestalled and counteracted. 
They will find themselves circumvented on every 
tack. I am now tired of watching scoundrels 
abroad and scoundrels at home, and as such 1 
am now prepared to drop the curtain. The 
appointment and instructions, founded on the 
resolutions predicated on false premises, shall 
now be tested I will immediately countermand 
the order made out in such haste ; and, as you 
say, and her register says, the armed vessel 
Invincible is a government vessel, I will imme- 
diately order a suitable officer of the government 
to go and take charge of her in the name of the 
government, and hold her subject to my order. 
And if that be refused, I will immediately recall 
her register, by proclamation to the world, I 
would farther suggest to you that our foreign 
agents have been commissioned and specially 
instructed to fill out our navy and procure the 
proper officers and crews ; and unless they can 
be certainly informed of the absolute purchase, 



LIFE OF HENRY SMITH. 191 

in time to prevent' their purchase of a similar 
one, the purchase so made by you shall never 
be ratified or become binding on this government^ 
because you would do the government serious 
injury by meddling with matters which you 
have put out of your power by special appoint- 
ment. You shall not be permitted, by collusion 
or management, to act in bad faith to the injury 
of the government. If the appointment of gen- 
eral agents, with latitudinarian powers — with 
the power of substitution and many other things 
equally inconsistent and ridiculous — which have 
been engendered and emanated from your cau- 
cussing, intriguing body recently, does not show 
a want of respect to my department and a total 
neglect of the sacred oaths and pledges solemnly 
made by you, I must admit I am no judge. • I 
wish you distinctly to understand that the ground 
on which you stand is holy, and shall be guarded 
and protected with every assiduity on my part. 
Permit me again to repeat it. Mr. President, this 
is not either intended to touch either yourself or 
the honest and well-intending part of your 
council. 

Look round upon your flock ! Your discern- 
ment will easily detect the scoundrels. The 
complaints, contraction of the eyes, the gape of 



192 LIFE OF HENRY SMITH. 

the mouth, the vacant stare, the hung head, the 
restless, fidgity disposition, the sneaking syco- 
phantic look, a natural meanness of countenance, 
an unguarded shrug of the shoulders, a sympa- 
thetic tickling and contraction of the muscles of 
the neck, anticipating the rope, a restless uneasi- 
ness to adjourn, dreading to face the storm 
themselves, have raised. 

Let the honest and indignant part of your 
council drive the U^olves out of the fold, for by 
low intrigue and management they have been 
imposed upon and duped into gross error and 
palpable absurdities. Some of them have been 
thrown out of folds equally sacred, and should 
be denied the society of civilized man. 

They are parricides, piercing their devoted 
country already bleeding at every pore. But, 
thanks be to my God, there is balm in Texas 
and a physician near. Our agents have gone 
abroad. Our army has been organized. Our 
general is in the field. A convention has been 
called which will afford a sovereign remedy to 
the vile machinations of a caucussing, intriguing, 
and corrupt council. I now tell you that the 
course here pointed out sliiU be rigidly and 
strictly pursued, and that unless your body will 
make the necessary acknowledgment to the 



LIFE OF HENRY SMITH. 193 

world of your error, and forthwith proceed, and 
with the same facihty and pubUcity, (by issuing 
a circular, and furnishing expenses to give circu- 
lation and publicity in a manner calculated to 
counteract its baleful effects), that after twelve 
o'clock on to-morrow all communications between 
the two departments shall cease ; and your body 
will stand adjourned until the first of March 
next, unless from the emergencies of the country, 
you should be convened by proclamation at an 
earlier period. 

I consider, as the devisors of ways and 
means, you have done all contemplated by the 
Organic Law ; that your services are no longer 
needed, and until the convention meets, I will 
continue to discharge my duties as commander- 
in-chief of the army and navy, and see that the 
laws are executed. 

The foregoing you will receive as notice 
from my department, which will be rigidly car- 
ried into effect. You are further notified that 
audience will not be given to any member or 
special committee other than in writing. I will 
immediately proceed to publish all the corres- 
pondence between the two departments, by 
proclamation to the world, and assign the reasons 



194 LIFE OF HENRY S^tlTH. 

why T have pursued this course, and the causes 
which have impelled me to do it. 

I am, gentlemen, 
Your obedient servant, 
Henry Smith, 
January 9, 1836. Governor. 

This communication, (not expected to be 
made public, but considered in executive session,) 
though dated on the 9th, was sent in on the 10th, 
accompanied by the following letter to James W. 
Robinson, the Lieutenant-Governor and President 
of the council : 

Sunday, January 10, 1836. 
Hon. James W. Robinson, President of the 
Council : 

Dear Sir. — I have recently received by 
express, dispatches from Bexar and other places, 
containing information of a character which 
should be immediately laid before the council. 
And being informed that you do not meet to-day, 
I must beg the favor of you to call a secret ses- 
sion of your body. I wish all the members of 
your body to be present, as immediate action will 
be necessary. You will please inform my secre- 
tary at what hour you will meet, and I will send 
him with the dispatches I will also make a 
communication to the House. You will please 



LIFE OF HENRY SMITH. 195 

have read the express correspondence first. You 
may, perhaps, consider my comniunication 
severe. I wish you, however, to permit it to be 
read ; I assure you it is necessary. I wish you 
to distinctly understand that I well know your 
situation, and that nothing therein contained is 
aimed at, or intended for you. I hope you will 
favor me by a compliance, as I deem it all im- 
portant. I am respectfully, 

Your obedient servant, 
Henry Smith, 
Governor. 
The communication of the 9th — for a thor- 
ough justification of which, excepting only in its 
unparliamentary expletives, among other facts 
already apparent to the reader, reference is 
made to the exhaustive letter of Gen. Houston 
to Governor Smith, written on the 30th of Jan- 
uary, twenty days after the futile and void 
attempt of less than a quorum, to suspend the 
governor — was referred to a special committee 
immediately on its reception at the called meet 
ing on Sunday the 10th. The committee on the 
11th submitted the following report and reso- 
lutions : 

Your special committee to whom was re- 
ferred the communications of Governor Smith, 



196 LIFE OF HENRY SMITH. 

report that they are unable to express any other 
views to this House, than indignation at language 
so repulsive to every moral feeling of an honora- 
ble man, and astonishment that this community 
could have been so miserably deceived in select- 
ing for the high officer of governor, a man whose 
language and conduct prove his early habits of 
association to have been vulgar and depraved, 
and his present disposition that of a disorganizer 
and a tyrant. That they repel the infamous 
charges preferred against this council and its 
* members as false and unfounded in every part, 
and containing the style and language as low, 
blackguardly and vindictive, and in every way 
unworthy of and disgraceful to the office whence 
it emanated, and as an outrageous libel on the 
body to whom it is addressed, and therefore 
advise the return of the paper, accompanied with 

the following resolutions. 

E. R. Roy ALL, Chairman, 

Alex. Thompson, 
Claiborne West, 
J. D. Clements, 
John McMullen, 
Adopted January 11th, 1836. 

*In a communication from Gen. Houston to fJen. Rusk, Secretary of War. near 
Mill Creek (west of tlie Brazos) Marcli 20th, 183G, he says:-"! have ordered 1). C. 
Harrott and Edward (Jritton to be arrested and lield sul),ject to the future order of 
the government. I do tliink tiicy ouslit to be detained and tried as traitors and spies." 
The victory of San Jacinto, ~>:i days later, and the flood feeliiigr caused thereby, proba- 
bly prevented subsequent iuvcstiijatiou into all such charges. 



LIFE OF HENRY SMITH. 197 

1st. Resolved, That the members of the 
General Council are the immediate representa- 
tives of the sovereign people, and are charged 
with the safety of the country and answerable 
only to the people for the faithful discharge of 
their duties. 

2nd. Resolved, That each member individ- 
ually, and as a body collectively, will sustain at 
all hazards the dignity of this government and 
the rights of the good citizens of Texas whom 
they have the honor to represent. 

3rd. Resolved, That Henry Smithy Governor 
of the Provisional Government of Texas, be or- 
dered forthwith to cease the functions of his 
office and he be held to answer to the General 
Council upon certain charges and specifications 
preferred against him, agreeable to the provis- 
ions of the 4th section of the Federal Constitution 
of Mexico of 1824, and the 11th section of the 
Organic Law of the Provisional Government of 
Texas, as adopted in convention on the 13th of 
November, A. D., 1835, and that a copy of the 
said charges and specifications be furnished to 
the Governor, Henry Smith, within twenty-four 
hours from this time. 

4th. Be it further resolved, That the secre- 
tary to the Executive be forthwith notified of 



198 LIFE OF HENRY SMITH. 

these resolutions and that he be held responsible 
to the General Council of the Provisional Gov- 
ernment of Texas for every and all records, 
documents and archives of his office. 

5th. Resolved^ That the Treasurer, Com- 
manding-General, Foreign Agents and all other 
officers of this government, be notified of the 
suspension of Henry Smith of the powers and 
functions of Governor, by the representatives of 
the people of Texas in General Council assembled, 
and that they and every one of them hold them- 
selves respectively subject to the order and 
direction of the lieutenant-governor, as acting 
governor, and General Council aforesaid. 

6th. Resolved^ That a committe be appointed 
to draft an address to the people of Texas, setting 
forth the circumstances and reasons which com- 
pel their representatives in General Council to 
adopt these measures. 

Adopted January 11th, 1836. 

The following are the four charges. 
To Henry Smith, Esq., Governor of the Provis- 
ional Government of Texas : 
Sir.- 'The following are the charges and 
specifications preferred against you in substance 
and form, as contemplated by the 11th section of 
the Organic law of the Provisional Government 



LIFE OF HENRY SMITH. 199 

of Texas. The General Council advise yoii that 
you are at liberty to answer the following charges 
and specifications before that body or before the 
general convention at its session to commence on 
the 1st day of March next, and that on applica- 
tion to the president of the council you will be 
furnished with the names of all witnesses who 
will be called on to testify against you. 

Charges and specifications against Henry 
Smith, as Provisional Governor, under the llth 
section of the Organic Law, for malfeasance and 
misconduct in his said office as preferred by a 
committee, appointed by the General Council for 

that purpose. 

Charge 1st. For violating the republican 

principles of the Federal Constitution of Mexico 

of 1824, which, as Provisional Governor he had 

sworn to support. 

Charge 2nd. For neglecting to support the 
declaration of the consultation of the chosen 
delegates of all Texas in General Convention 
assembled, and for endeavoring to prevent the 
General Council from carrying into effect, 
especially the second article, as adopted by the 
said convention November 7th, 1835. 

Charge 3rd. For official perjury in in- 
fringing and violating the Organic Law of the 
Provisional Government of Texas. 



200 LIFE OF HENRY SMITH. 

Charge 4th. For slanders and libels upon 
the General Council *as a body and upon the 
members thereof individually, and contempt of its 
powers and authority, and atempting to dissolve 
the government, and assume dictatorial pow- 
ers over the good citizens of Texas, and by 
inconsistency, misrepresentation and other official 
misconduct, has produced confusion and aimed 
at general disorganization. 

The specifications are but grandiloquent 
amplifications of the charges and were followed 
by this resolution: 

Resolved, That the commmunication alluded 
to be returned, together with a copy of the 
charges and speifications preferred against the 
said Henry Smith, late Governor aforesaid, for 
malfeasance and misconlact in office, and that 
he be notified to reply in three days, or that the 
trial will proceed thereon before the General 
Council ex parte. 

On the same day, prior to being informed of 
the action of the council, the governor so far 
overcame the bitterness ol' bis feelings as to send 
in the following qualified effort at reconciliation: 
San Felipe, January 12, 1830. 
Gentlemen. — The commuriication, of the 9th, 
sent to your body on the lOtii iiist , contained 



LIFE OF HENRY SMITH. 201 

much asperity of language which I considered 
at the time was called for from me, owing to 
what I deemed improvident acts of your body, 
in which I considered much intrigue and duplicity 
had been used, which in their nature and ten- 
dency were calculated to breed confusion and 
greatly injure the public good. Among other 
things the appointment of Col. Fannin was one 
which I deemed unwarranted by law, and of 
injurious tendency. If the act of your body 
was ratified by me, it is plain and evident that 
neither the commander-in-chief, the council, nor 
the executive could have any control over him. I 
therefore deemed it a gross insult offered by the 
council to my department, and one which I was 
not willing to overlook I admit that I repelled 
it with a keenness and asperity of language 
beyond the rules of decorum ; because 1 believed 
it was certainly intended as an insult direct. If, 
therefore, your body should think proper to 
acknowledge their error, by an immediate correc- 
tion of it — which I consider would only be their 
reasonable duty — all differences between the two 
departments should cease, and, so far as I am 
concerned, be forever buried in. ol)livion ; and 
that friendly and harmonious intercourse re- 
sumed, which should ever exist between the 



202 LIFE OF HENRY SMITH. 

different branches of the government. I suggest 
and solicit this from the purest motives, behev- 
ing the pubhc good would thereby be advanced. 
The rules of christian charity require of us to 
bear and forbear, and as far as possible to over- 
look the errors and foibles of each other. 

In this case I may not have exercised towards 
your body that degree of forbearance which was 
probably your due. If so, I have been laboring 
under error, and as such, hope you will have the 
magnamity to extend it to me, and let the two 
branches again harmonize to the promotion of 
the true interest of the country. 

I am respectively, gentlemen. 
Your obedient servant, 
Henry Smith, 
Governor. 

On the 13th, the overtures of the governor 
having failed, he returned to the combat in the 
following unyielding but more dignified tone. 
San Felipe, January 13th, 1836. 
To the President and members of the Council : 

Gentlemen. — On the 9th inst., I notified your 
body that, as the devisors of ways and means, I 
considered you had performed all the duties 
incumbent on you, contemplated by the Organic 
Law, and as such I considered the country would 



LIFE OF HENRY SMITH. 203 

be relieved from a heavy tax by your adj<^urn- 
ment until the 1st of March, [when the plenary 
convention was to assemble]. And if in the 
interim any emergency should render it neces- 
sary, that you could immediately be called by 
proclamation. On the 11th I received notice that 
I was removed from office. Not by death, ina- 
bility, or other casualty, but for exercising too 
much capacity ; and that by virtue of authority 
vested in your body, you had installed a new 
governor, and created a new organization. After 
formally breaking me, you have been good 
enough to summon me to a formal trial — leaving 
the alternative with myself tg choose the 
tribunal before whom I would be tried, whether 
before your own body, by whom I had been 
already condemned, or before my peers in con- 
vention. Reason, it would seem, would direct 
the latter alternative. I at all times hold myself 
answerable, and answerable as a public officer, 
to my peers, and to none others I acknowledge 
the receipt of the charges and specifications pre- 
ferred against me by your body, and feel able 
and willing in convention to plead to them. 
Reserving to myself in the meantime the privi- 
lege of taking all legal exceptions. I demand of 
your president, as a right, the names of all the 



2U4 LIFE OF HENRY SMITH. 

members present on the 10th inst , with the proper 
certificate, commencing with the first of the 
present month and up to the present date inclu- 
sive. And all the members now present are 
notified to appear at the town of Washington, as 
witnesses, on the first day of March next ; for by 
your own acts, and the proof of your own body, 
I hope to be able to exculpate myself before a 
liberal and unbiased body, from all the charges 
preferred against me. It would appear that 
some jurisdictions are not represented, others 
have two ; and some, long since precluded by 
law, still seem to hold on and form a part of 
your body. I think it would be well to examine 
these things, as circumstances may render its 
investigation necessary. 

I Ivould give your body this friendly advice ; 
that notwithstanding you are the representatives 
of the people, they have given jou. the limit over 
which they will not permit you to pass, and any 
thing done by your body calculated to brini;- 
about disorganization, or not warranted by the 
Organic Law, will be viewed and considered as 
an outrage for which you will be held answerable. 
What I have done, however bad you may view it, 
has been done for the best of reasons, and from 
the purest motives. I care not for poi)ularity. 



LITE OF HENRY SMITH. 205 

and seek alone the public good. And if the 
course I have pursued — so condemned by you — 
should bring down the odium and contempt of 
the whole community, and at the same time be 
the means of saving the character, the credit, 
and finally redeem the country, I say to you, in 
the sincerity of truth, that it is a sacrifice I wil- 
lingly make at the shrine of the public good. 

Henry Smith, 
Governor. 

On the same day, the 13th, the council passed 
a resolution directing the Executive Secretary, 
Dr. Charles B. Stewart, (afterwards distinguished 
in the councils of the State and deceased only in 
1886), to hold no farther communication with 
Governor Smith, but to recognize as governor, 
their presiding officer, Lieutenant-Governor 
James W. Robinson. They passed a similar 
mandate affecting the public printers. But their 
action was wdiolly ignored by the enlightened 
patriot, Stewart, and fell harmless at the feet of 
Governor Smith, wdio still maintained his official 
position, being recognized as governor by Gen. 
Houston, Commander-in Chief of the army and 
the people at large. The indecent haste with 
w^hich the council acted, their numerous resolves, 
and the high -sounding "inaugurar' address of 



206 LIFE 01' HENRY SMITH. 

their "acting" governor beariag evidence of prior 
plan and concert, speedily became known and 
were largely treated with derision till they were 
buried in oblivion by the people's representatives 
in the convention of independence in March, as 
will be seen later. 

A death blow was given to the small faction 
yet remaining of those who, like Governor 
Smith's assailants in the council, still clung to 
the dead carcasses of the constitution of 1824 
and the federal party in Mexico, when it became 
known that, in a letter to Gen. Houston, written 
in New Orleans, January 7th, Gen. Austin had 
utterly abandoned those ^baseless ideas and come 
out in favor of declaring Texas a free and inde- 
pendent republic. 

From the great length and wide field covered 
by the "inaugural" of Mr. Robinson on attempt- 
ing to assume the functions of "acting" governor, 
the conclusion is almost irresistible that its prep- 
aration was begun in anticipation of, and not 
after the pretended suspension, of Governor 
Smith. In it he sails through a sea of political, 
judicial, ministerial and governmental polities, 
betraying a mind filled with chimeras but unable 
to grasp the simple fact that an entirely new 
government would supercede the present one in 



LIFE OF HENRY SMITH. 207 

about six weeks, to be formed by a chosen body 
of men clothed with plenary powers and among 
whom he would have no voice; while, on the 
other hand, the clear, broad and incisive mind of 
Governor Smith intuitively grasped the real 
and not the ideal in public affairs, and hence he 
quickly detected trickery, intrigue and infidelity 
in the actions of men. 

Nothing could have been more satisfactory 
to Governor Smith than the notification that he 
could exercise an option by being tried either by 
the council — his blinded accusers— or by the con- 
vention yet to be elected and to assemble on the 
first day of March. His honest heart was more 
than willing to entrust his good name, fame and 
unselfish patriotism, to the judgment of his peers, 
yet to be elected by the people, for well he knew 
that the great point for which he had struggled 
— the independence of Texas — would be over- 
whelmingly, if not unanimously declared, when- 
ever the voice of the people, as now enlightened, 
should be expressed in that plenary assemblage. 
He had neither doubt nor fear, and he was cor- 
rect, for the declaration was unanimously made 
within twenty-four hours after the convention 
met. And well he knew also that the real incen- 
tive to the malignant charges against him, was his 



208 LIFE OF HENRY SMITH. 

refusal to countenance the disorganizing schemes 
of the council, and because he had no earthly 
confidence in the extinct myth called the federal 
party in Mexico ; that he realized the fact that 
the Mexican constitution of 1824 had been sub- 
verted and overthrown by Santa Anna and his 
victorious legions; and that he righteously 
believed the salvation of Texas depended upon 
an absolute declaration of independence. 

As a matter of fact Governor Smith contin- 
ued in the discharge of his duties and was so 
recognized by the convention assembled in March, 
while the council never had the pretense of a 
quorum after the I7th of January, and, in fact, 
did not have when they pretended to depose 
Governor Smith. 

Though in anticipation of time this is deemed 
the appropriate place in which to insert the able 
and scathing letter of General Houston to Gov- 
ernor Smith — able in its enunciation of sound 
principles, and scathing in its arraignment of the 
council and those measures and men whose 
course tended headlong to disorganization, de- 
moralization, failure and ruin. The annihilation 
of Johnson and Grant's followers on and beyond 
the Nueces, and the perfidious slaughter of 
Fannin and his four hundred men, were largely 



LIFE OF HENRY SMITH. 209 

the bitter fruits of the councirs intermeddling 
usurpation of the powers lodged by the Organic 
Law with the governor and general-in-chief of 
the army. 

Here follows the letter of Gen. Houston : 
Major- General Sam Houston to Governor Henry 

Smith: 
Municipality of Washington, Jan. 30, 1836. 

Sir. — 1 have the honor to report to you 
that in obedience to your order under date of 
the 6th instant, I left Washington on the 8th, 
and reached Goliad on the night of the 14th. 
On the morning of that day I met Capt. Dim- 
mitt, on his return home with his command, 
who reported to me the fact, that his caballada of 
horses, the most of them private property, had 
been pressed by Dr. Grant, who styled himself 
acting comniander-in chief of the federal army, 
and that he had under his command about two 
hundred men. Capt. Dimmitt had been relieved 
by Captain P. S. Wyatt of the volunteers from 
Huntsville, Alabama I was also informed by 
Major R. C. Morris that breadstuff was wanted 
in camp, and he suggested his wish to remove 
the volunteers further west By express I had 
advised the stay of the troops at Goliad until I 
could reach that point. 



210 LIFE OF HENRY SMITH 

On my arrival at that post I found them 
destitute of many supplies necessary to their 
comfort on a campaign. An express reached 
me from Lieutenant-Colonel Neill, of Bexar, of 
an expected attack from the enemy in force, 
I immediately requested Colonel James Bowie to 
march with a detachment of volunteers to his' 
relief. He met the request with his usual prompti- 
tude and manliness. This intelligence I for- 
warded to your Excellency for the action of 
government. With a hope that supplies had or 
would immediately reach the port of Copano, 
I ordered the troops, through Major R C. Morris, 
to proceed to Kefugio Mission, where it was re- 
ported there would be an abundance of beef — 
leaving Captain Wyatt and his command, for 
the present, in possession of Goliad, or until he 
could be relieved by a detachment of regulars 
under the command of Lieutenant Tliornton, and 
some recruits that had been enlisted by Captain 
Ira Westover On the arrival of the troops at 
Refugio, I ascertained that no breadstiiffs could 
be obtained, nor was there any intelligence of 
supplies reaching Copano, agreeably to my ex- 
pectations, and in accordance with my orders of 
the 30th of December and 6tli of January, inst., 
directing the landing and concentrating all the 



LIFE OF HENRY SMITH. 211 

volunteers at Copano I had also advised Colonel 
A. Huston, the Quarter-Master General, to for- 
ward the supplies he might obtain at New Orleans 
to the same point. Not meeting the command 
of Major Ward, as I had hoped from the early 
advice I had sent him, by Major George W. Poe, 
I determined to await his arrival and the com- 
mand of Captain Wyatt, With a view to be in 
a state of readiness to march to the scene of active 
operations at the first moment that my force and 
the supplies necessary could reach me, 1 ordered 
Lieutenant Thornton, with his command, (total 
twenty-nine) to Goliad, to i elieve Captain Wyatt ; 
at the same time ordering the latter to join the 
volunteers at Refugio. I found much difficulty 
in prevailing on the regulars to march until they 
had received either money or clothing ; and their 
situation was truly destitute Had I not suc- 
ceeded, the station at Goliad must have been left 
without any defence, and abandoned to the 
enemy, whatever importance its occupation may 
be' to the security of the frontier. Should Bexar 
remain a military post, Goliad must be main- 
tained, or the former will be cut off from all 
supplies arriving by sea at the port of Copano. 

On the evening of the 20th, F. W. Johnson, 
Esq., arrived at Refugio, and it was understood 



212 LIFE OF HENRY SMITH. 

that he was empowered by the General Council 
of Texas to interfere in my command. On the 
21st, and previous to receiving notice of his ar- 
rival, I issued an order to organize the troops so 
soon as they might arrive at that place, agreeably 
to the "ordinance for raising an auxilliary corps" 
to the army. A copy of the order I have the 
honor to enclose herewith. Mr. Johnson then 
called on me, previous to the circulation of the 
order, and showel me the resolutions of the 
General Council, dated 14th of January, a copy 
of which I forward for the perusal of your Excel- 
lency. 

So soon as I was made acquainted with the 
nature of his mission, and the powers granted to J 
W. Fannin, Jr., I could not remain mistaken as 
to the object of the Council, or the wishes of indi- 
viduals. I had but one course left for me to pursue 
(the report of your being deposed had also reached 
me) which was, to return and report myself to 
you in person —inasmuch as the objects intended 
^^y your order were, by the extraordinary con- 
duct of the Council, rendered useless to the 
country ; and, by remaining with the army, the 
Council would have had the pleasure of ascribing 
to me the evils which their own conduct and acts 
will, in all probability, produce. I consider the 



l^iFE OF HENRY SMITH. 213 

acts of the Council calculated to protract the war 
for years to come ; and the field which they have 
opened to insubordination and to agencies with- 
out limit (unknown to military usage) will cost 
the country more useless expenditure than the 
necessary expense of the whole war w^ould have 
been, had they not transcended their proper 
duties. Without integrity of purpose, and well 
devised measures, our whole frontier must be 
exposed to the enemy. All the available resources 
of Texas are directed, through special as well as 
general agencies, against Matamoros ; and must, 
in all probability, prove as unavailing to the 
interest as they will to the honor of Texas. The 
regulars at Goliad cannot long be detained at 
that station unless they should get supplies, and 
now all the resources of Texas are placed in the 
hands of agents unknown to the government in 
its formation, and existing by the mere will of 
the Council ; and will leave all other objects, 
necessary for the defence of the country, neg- 
lected, for the want of means, until the meeting 
of the Convention in March next. 

It was my wish, if it had been possible, to 
avoid for the present, the expression of any 
opinion, w^hich might be suppressed in the present 
crisis. But since I reported to your Excellency, 



214 LIFE OF HENRY SMITH. 

having had leisure to peruse all the documents of 
a controversial nature growing out of the relative 
duties of yourself and the General Council to the 
people of Texas, a resolution of the Coucil requir- 
ing of me an act of insubordination and diso- 
bedience to your orders, demands of me that I 
should enquire into the nature of that authority 
which would stimulate me to an act of treason 
or an attempt to subvert the government which 
I have sworn to support. The only constitution 
which Texas has is the " Organic Law." Then 
any violation of that law, which would destroy 
the basis of government, must be treason. Has 
treason been committed ? If so, by whom, and 
for what purpose ? The history of the last few 
weeks will be the best answer that can be ren- 
dered. 

After the capitulation of Bexar, it was under- 
stood at headquarters that there was much 
discontent with the troops then at that point, and 
that it might be necessary to employ them in 
some active enterprise, or the force would dis- 
solve. With this information was suggested the 
expediency of an attack on Matamoros. For the 
purpose of improving whatever advantages might 
have been gained at Bexar, I applied to your 
Excellency for orders, which I obtained, directing 



LIFE OF HENRY SMITH. 215 

the adoption of such measures as might be 
deemed best for the protection of the frontier and 
the reduction of Matamoros. This order was 
dated l7th of December, and on the same day I 
wrote to Colonel James Bowie, directing him, in 
the event that he could obtain a sufficient 
number of volunteers for the purpose, to 
make a descent on Matamoros ; and if his force 
would not justify that measure, he was directed 
to occupy the most advanced post, so as to check 
the enemy, and by all means to place himself in 
a situation to command Copano. Colonel Bowie 
did not receive the order ; having left Goliad for 
Bexar, he was not apprised of it until his arrival 
at San Felipe, about the 1st of January inst. My 
reason for ordering Colonel Bowie on the service 
was his familiar acquaintance with the country, 
as well as the nature of the population through 
which he must pass, as also their resources ; and 
to this I freely add, there is no man on whose 
forecast, prudence and valor I place a higher 
estimate than Colonel Bowie. 

Previous to this time, the General Council 
had adopted a resolution requiring the Governor 
to direct the removal of the headquarters of the 
army, and I had been ordered to Washington for 
their establishment until further orders. I had 



216 LIFE OF HENRY SMITH. 

been detained awaiting copies of the ordinances 
relative to the army. Their design was manifest, 
nor could their objects be misapprehended, though 
the extent to which they were then carrying 
them was not then known. Messrs. Hanks and 
Clements (members of the Council) were engaged 
in writing letters to individuals in Bexar, urging 
and authorizing a campaign against Matamoros, 
and that their recommendations might bear the 
stamp of authority, and mislead those who are 
unwilling to embark in an expedition not sanct- 
ioned by government, and led by private individ- 
uals, they took the liberty of signing themselves 
members of the Military Committee ; thereby 
deceiving the volunteers, and assuming a charac- 
ter which they could only use or employ in the 
General Council in proposing business for the 
action of that body. They could not be altogether 
ignorant of the impropriety of such conduct, but 
doubtless could easily find a solid justification in 
the bullion of their patriotism and the ore of their 
integrity. Be their motive whatever it might, 
many brave and honorable men were deluded by 
it, and the campaign Ivas commenced upon 
Matamoros under Dr. Grant, as "Acting" Com- 
mander-in-Chief of the Vounteer Army — a title 
and designation unknown to the world. But the 



LIFE OF HENRY SMITH. 217 

General Council, in their address to the people of 
Texas, dated January 11th, state that •' they never 
recognized in Dr. Grant any authority whatever 
as an officer of the government or army, at the 
time." They will not, I presume, deny that they 
did acknowledge a draft or order drawn by him 
as Acting Commander-in-Chief, amounting to 
$750. But this they will doubtless justify on the 
ground that your Excellency commissioned Gen. 
Burleson, and, of course, the appointment of Dr. 
Grant, as his Aid-de-Camp, would authorize him 
to act in the absence of General Burleson. It is 
an established principle in all armies that a staff 
officer can claim no command in the line of the 
army, nor exercise any command in the absence 
of the general, unless he holds a commission in 
the line. In the absence of General Burleson, 
the senior Colonel, in the absence of the Colonel, 
the Major, or in his absence, the senior Captain, 
would have the command ; but in no event can 
the aid or staff officer, unless he holds a com- 
mission in the hue of the army, have any com- 
mand ; and his existence must cease, unless lie 
should be continued or reappointed by the officer 
of the line who succeeds to the command in the 
absence of his superior. When General Burleson 
left the army his aid had no command, but the 



218 LIFE OF HENRY SMITH. 

field officer next in rank to himself. Then who 
is Dr. Grant? Is he not a Scotchman who has 
resided in Mexico for the last ten years? Does 
he not own large possessions in the interior? 
Has he ever taken the oath to support the organic 
law ? Is he not deeply interested in the hundred- 
league claims of land which hang like a murky 
cloud over the people of Texas ? Is he not the 
man who impressed the property of the people of 
Bexar ? Is he not the man who took from Bexar, 
without authority or knowledge of the govern- 
ment, cannon and other munitions of war, to- 
gether with supplies necessary for the troops at 
that station, leaving the wounded and sick desti- 
tute of needed comforts? Yet this is the man 
whose outrages and oppressions upon the rights 
of the people of Texas are sustained and justified 
by the acts and conduct of the General Council. 
Several members of that body are aware 
that the interests and feelings of Dr. Grant are 
opposed to the independence and true interests 
of the people of Texas. While every facility has 
l)een afforded to the meditated campaign against 
Matamoros, no aid has been rendered for raising 
a regular force for the defence of the country, 
nor one cent advanced to an officer or soldier of 
the regular army, but every hinderance thrown 



LIFE OF HENRY SMITH. 219 

in the way. The council had no right to project a 
campaign against any point or place. It was the 
province of the governor, by his proper officers, 
to do so. The council has the right of consent- 
ing or objecting, but not of projecting. The 
means ought to be placed at the disposition of the 
Governor, and if he, by himself or his officers, 
failed in their application, while he would be re- 
sponsible for the success of the armies of Texas, 
he could be held responsible to the government, 
and punishable; but what recourse has the 
country upon agents who have taken no oath 
and given no bond to comply with the powers 
granted by the council ? 

The organic law declares, in article third, 
that "the governor and General Council have 
power to organize, reduce or increase the regular 
forces," but it delegates no power to create army 
agents to supercede the commander-in-chief, as 
will be seen by reference to the second article 
of the "Military" basis of that law. After 
declaring that there shall be a regular army for 
the protection of Texas during the present war, 
in the first article, it proceeds in the second to 
state the constituents of the army : " The regular 
army of Texas shall consist of one major-general, 
who shall be commander-in-chief of all the forces 



220 LIFE OF HENRY SMITH. 

called into public service during the war." This, 
it will be remembered, is a law from which the 
council derive their powers; and, of course all 
troops in service, since the adoption of this law, 
and all that have been accepted, or to be accepted, 
during my continuance in office, are under my 
command Consequently the council could not 
create an agency that could assume any command 
of troops, so as to supercede my powers, without 
a plain and palpable violation of their oaths. 
New names given could not change the nature 
of their obligations ; they had violated the " or- 
ganic law." 

I will now advert to an ordinance of their 
own body, entitled, " An Ordinance and Decree 
to Organize and Establish an Auxiliary Volun- 
teer Corps of the Army of Texas," &c., passed 
December 5th, 1835. The ordinance throughout 
recognizes the competency of the governor and 
commander-in-chief as the only persons author- 
ized to accept the services of volunteers and 
makes it their especial duty to do so. It also 
gives the discretion to the commander-in-chief 
to accept the services of volunteers for such 
term as "he shall think the defence of the 
country and the good of the service require." It 
isspecitied that muster-rolls shall accompany the 



LIFE OF HENRY SMITH. 221 

reports of volunteers, and when reported by the 
commander-in-chief to the governor, that com- 
missions shall issue accordingly. Where elections 
take place in the volunteer corps, the ordinance 
declares that they shall be certified to the com- 
mander-in-chief, and by him forwarded to the 
governor. The third section of the law declares 
that when controversies arise in relation to the 
rank of officers of the same grade, they shall be 
determined by drawing numbers, which shall be 
done by order of the commander-in-chief of the 
army. This law was enacted by the General 
Council, and they cannot alledge that any mis- 
construction could arise out of it, for it plainly 
points out the duties of the governor and com- 
mander-in-chief, as defined by themselves. Yet, 
without the repeal of this law, they have proceeded 
to appoint agents to exercise the very powers de- 
clared by them to belong to the governor and 
commander4n-rhief . This they have done under 
the impression that a change of names would 
enable them to put down the governor and com- 
mander-in-chief, not subject to them for their 
places, but created by the Consultation, and both 
of whom are as independent of the council as 
the council is of them — the commander-in. 
chief being subject to the organic law, and all 



222 LIFE OF HENEY SMITH. 

laws conformable thereto, under the orders of 
the governor. I have obeyed the orders of your 
Excellency as p ;omptly as they have met my 
knowledge ; and had not the council, by acts as 
outrageous to my feelings as they are manifestly 
against law^ adopted a course that must destroy 
all hopes of an army, I should yet have been on 
the frontier, and by all possible means I would at 
least have sought to place it in a state of defence. 
It now becomes my duty to advert to the 
powers granted by the General Council to J. W. 
Fannin, jr., on the 7th of January, 1836, and at 
a time when two members of the Military Com- 
mittee, and other members of the council, were 
advised that I had received orders from your 
Excellency to repair forthwith to the frontier of 
Texas, and to concentrate the troops for the very 
purpose avowed in the resolutions referred to. 
The powers are as clearly illegal as they were un- 
necessary. By reference to the resolutions it will 
be perceived that the powers given to J. W. Fan- 
nin, jr., are as comprehensive in their nature, 
and as much at variance with the organic law 
and the decrees of the General Council, as the 
decress of the General Congress of Mexico are at 
variance with the federal constitution of 1824, 
and really delegate to J. W. Fannin, jr., as ex- 



LIFE OF HENRY SMITH. 223 

tensive powers as those conferred by that Con- 
gress upon General Santa Anna ; yet the cant is 
kept up, even by J. W. Fannin, jr., against the 
danger of a regular army, while he is exercising 
powers which he must be satisfied are in open 
violation of the organic law. J. W. Fannin, jr., 
is a Colonel in the regular army, and was sworn 
in and received his commission on the very day 
that the resolutions were adopted by the Council. 
By his oath he was subject to the orders of the 
commander-in-chief, and as a subaltern could 
not, without an act of mutiny, interfere with 
the general command of the forces of Texas; 
yet I find in the " Telegraph " of the 9th inst. a 
proclamation of his, dated on the 8th, addressd, 
"Attention, Volunteers!" and requiring them 
to rendezvous at San Patricio. No official 
character is pretended by him, as his signature 
is private. This he did with the knowledge that 
I had ordered the troops from the mouth of 
the Brazos to Copano, and had repaired to that 
point to concentrate them. On the 10th inst. 
F. W. Johnson issued a similar proclamation, 
announcing Matamoros as the point of attack. 
The powers of these gentlemen were derived, if 
dtrivel at all, from the General Council in op- 
position to the will of the Governor, because cer- 



824 LIFE OF HENEY SMITH. 

tain purposes were to be answered, or the safety 
and harmony of Texas should be destroyed. 

Col. Fannin, in a letter addressed to the 
General Council, dated on the 21st January, at 
Velasco, and to which he subscribes himself " J. 
W. Fannin, jr , Agent Provisional Government," 
when speaking of anticipated difficulties with 
the commander-in-chief, allays the fears of the 
council by assuring them, '' I shall never make 
any myself," and then adds : *' The object in 
view will be the governing principle, and should 
General Houston be ready and willing to take 
command, and march direct ahead, and execute 
your orders, and the volunteers to submit to it, 
or a reasonable part of them, I shall not say 
' nay,' but will do all in my power to produce 
harmony." How was I to become acquainted 
Ivith the orders of the council? Was it through 
my subaltern? It must have been so designed, 
as the council have not, up to the present mo- 
ment, given me official notice of the orders to 
which Colonel Fannin refers. This modesty and 
subordination on his part is truly commendable 
in a subaltern, and would imply that he had a 
right to say " nay." If he has this power, whence 
is it derived ? Not from any law— and contrary 
to his sworn duty as my subaltern, whose dutv 



LIFE OF HENRY SMITH. 225 

is obedience to my lawful commands, agreeably 
to the rules and regulations of the United States 
army, adopted by the Consultation of all Texas. 
If he accepted any appointment incompatible 
with his obligation as a Colonel in the regular 
army, it certainly increases his moral responsi- 
bilities to an extent which is truly to be regretted. 

In another paragraph of his letter he states : 
'^ You will allow that we have too much division, 
and one cause of complaint is this very expedi- 
tion, and that it is intended to remove General 
Houston." 

He then assures the council that no blame 
shall attach to him, but most dutifully says : "I 
will go where you have sent me, and will do what 
you have ordered me, if possible." The order of 
the council, as set forth in the resolutions appoint- 
ing Col. Fannin agent, and authorizing him to 
appoint as many agents as he might think proper, 
did most certainly place him above the governor 
and commander-in-chief of the army. Nor is he 
responsible to the council or the people of Texas. 
He is required to report, but he is not required to 
obey the council. His powers are as unlimited 
and absolute as Cromwell's ever were, I regard 
the expedition as now ordered as an individual and 
not a national measure. The resolutions past-ed 



226 LIFE OF HENRY SMITH. 

in favor of J. W. Fannin, jr., and F. W. Johnson, 
-and their proclamations, with its original 
start — Dr. Grant — absolve the country from all 
responsibility for its consequences. If I had any 
doubt on the subject previous to having seen at 
Goliad a proclamation of J. W. Fannin, jr., sent 
by him to the volunteers, I could no longer enter- 
tain one as to the campaign, so far as certain 
persons are interested in forwarding it. After ap- 
pealing to the volunteers, he concluded with the 
assurance '^that the troops should he paid out 
of the first spoils taken from the enemy y This, in 
my opinion, connected with the extraordinary 
powers granted to him by the council, divests 
the campaign of any character save that of a 
piratical or predatory war. 

The people of Texas have declared to the 
world that the war in which they are now en- 
gaged is a war of principle, in defence of their 
civil and political rights. What effect will the 
declaration above referred to have on the civilized 
world— when they learn that the individual who 
made it has since been clothed with absolute 
powers by the General Council of Texas, and, that 
because you, [as governor and commandar-in- 
chief], refused to ratify their acts, they have de- 
clared you no longer governor of Texas ? It was 



LIFE OF HENRY SMITH. 227 

stated by way of inducement to the advance on 
Matamoros, that the citizens of that place were 
friendly to the advance of the troops of Texas 
upon that city. They no doubt, ere this, have J. 
W. Fannin's proclamation, (though it was in man- 
uscripts) and, if originally true, what will now be 
their feelings towards men, who "are to be paid 
out of the first spoils taken from the enemy." The 
idea which must present to the enemy, will be, if 
the city is taken it will be given up to pillage, and 
when the spoils are collected, a division will take 
place. In war, when spoil is the object, friends 
and enemies share one common destiny. This 
rule will govern the citizens of Matamoros in 
their conclusions and render their resistance des- 
perate. A city containing twelve thousand inhab- 
itants will not be taken by a handful of men who 
have marched twenty-two days without bread- 
stuffs or necessary supplies for an army. 

If there ever was a time when Matamoros 
could have been taken by a few men, that time 
has passed by. The people of that place are not 
aware of the high-minded, honorable men who 
fill the ranks of the Texian army. They will 
look upon them as they would look upon Mexican 
mercenaries, and resist them as such. They too 
will hear of the impressment of the property of 



228 LIFE OF HENRY SMITH. 

the citizens of Bexar, as reported to your Excel- 
lency, by Lieutenant Colonel Neill, when Dr. 
Grant left that place for Matamoros, in command 
of the volunteer army. 

If the troops advance on Matamoros there 
ought to be a co-operation by sea with the land 
forces, or all will be lost, and the brave men who 
have come to toil with us in our marches and 
mingle in our battles for liberty, will fall a sacri- 
fice to the selfishness of some who have individual 
purposes to answer, and whose influence with the 
council has been such as to impose upon the 
honest part of its members; while those who 
were otherwise, availed themselves of every arti- 
fice which they could devise to shield themselves 
from detection. 

The evil is now done, and I trust sincerely 
that the 1st of March may establish a govern- 
ment on some permanent foundation, where 
honest functionaries will regard and execute the 
known and established laws of the country, agree- 
ably to their oaths. If this state of things cannot 
be achieved, the country must be lest. I feel, in 
the station which I hold, that every effort of the 
council has been to mortify me individually, and, 
if possible, to compel me to do some act which 
would enable them to pursue the eame measres 



LIFE OF HENRY SMITH. 229 

towards me which they have illegally done 
toward your Excellency, and thereby remove an- 
other obstacle to the accomplishment of their 
plans. In their attempts to embarrass me they 
were reckless of all prejudice which might result 
to the public service from their lawless course. 

While the council was passing resolutions 
affecting the army of Texas, and transferring 
to J. W. Fannin, jr., and F. W. Johnson the 
whole control of the army and resources of 
Texas, they could order them to be furnished with 
copies of the several resolutions passed by that 
body, but did not think proper to notify the 
major-general of the army of their adoption ; 
nor have they yet caused him to be fur- 
nished with the acts of the council, relative to 
the army. True it is they passed a resolution to 
that effect, but it never was complied with. 
Their object must have been to conceal, not 
promulgate their acts. "They have loved dark- 
ness rather than light because their deeds are 
evil." 

I do not consider the council as a constitu- 
tional body nor their acts lawful. They have no 
quorum agreeably to the Organic Law, and I 
am therefore compelled to regard all their acts 
as void. The body has been composed of seven- 



230 LIFE OF HENRY SMITH. 

teen members, and I perceive that the act of 
"suspension" passed against your Excellency was 
by only ten members present ; the president pro 
tem, having no vote, only ten members remain 
when less than twelve could not form a quorum 
agreeably to the Organic Law, which required 
two thirds of the whole body. I am not prepared 
either to violate my duty or my oath, by yielding 
obedience to an act manifestly unlawful, as it is, 
in my opinion^ pred judicial to the welfare of 
Texas, 

The lieutenant-governor, and several mem- 
bers of the council, I believe to be patriotic and 
just men; but,there have been, and when I left San 
Felipe there were, others in that body on whose 
honesty and integrity, the foregoing facts will be 
the best commentary. They must also abide the 
judgmenl of the people. I have the honor to be. 
Your Excellency's obedient servant, 

Sam Houston, 
Commander-in-Chief of the Army. 

Gen. Houston's clear exposition of facts, 
principles and military law so fully establishes 
the factious and illegal acts of the council, and 
so incontrovertibly upholds the attitude of Gov- 
ernor Smith, as to need neither fable nor cun- 
ningly devised subterfuge in its support. It also 



LIFE OF HENRY SMITH. 231 

graphically reveals the astounding state of suc- 
cessive facts which culminated in calling forth 
the indignant and denunciatory communication 
of the 9th of January from Governor Smith. 

On the 6th of January Governor Smith 
wrote a letter to Major William Ward, of the 
Georgia Battallion, then encamped in the terri- 
tory of Brazoria. This was after having had, a 
short time before, a full interchange of views 
with Major Ward at San Felipe. A portion of 
that letter is here presented. 

Dear Sir.— I am sorry to say that much 
deep laid management and intrigue have been 
and still are being used here to overthrow the 
government and bring about an assimilation of 
the Mexican policy. It keeps me, as you well 
know, extremely busy to counteract their plans. 

To a stranger, like you, I am sorry to say it, 
because you can not see through or understand 
their policy and, as such, must be at a loss to 
know whether they or we are right. I perfectly 
understand them. You do not! You can not 
imagine to what the heretofore dominant but 
now expiring party would resort to save and 
sustain their heretofore rascally acquirements. 
They consider that all is now on the die ; that if 
honesty is sustained and Texas becomes inde* 



232 LIFE OF HENRY SMITH. 

pendent, all hj us honestly gained, would be so 
much lost to them. They are using every exer- 
tion, to get an expedition fitted out, to suit their 
own purposes. They want their own leaders, 
but they still want the sanction of the govern- 
ment. They have means, and many of the 
council are needy and, I fear, corrupt. They 
are at least timid, and lack courage and firmness- 
They (the intriguers) are vigilant and spare no 
pains to buy up men, who they consider would 
have influence with the army. I w^ell know 
their situation and plans, and if they should 
succeed, I honestly tell you, Texas is lost to all 
honest men. They may overpower, but they 
can not deceive me. They resort to every kind 
of intrigue, and management; but 1 am not 
idle. They wish to have the control of the army 
in fitting out the expedition and finally to give 
laws to Texas. But I confidently hope, that 
Texas will yet become herself, and be ruled by 
her own laws. Every man that is not in favor 
of Texas becoming independent and free, distrust 
him! Every one that wishes to supercede the 
commander-in-chief, or not recognize him in his 
proper place, distrust him ! I have anticipated 
them and ordered the commander-in-chief forth- 
with to proceed to the frontier, take charge of 



LIFE OF HENRY SMITH. 233 

the army, establish his headquarters at the most 
ehgible point, and to immediately concentrate 
his troops, at the different points, so as to be in 
readiness for active operations, at the earliest 
possible day. A descent will be made on Mata- 
moros, as soon as it can possibly be fitted out. 
You will therefore obey the order given to you as 
soon as circumstances will permit. You will 
however not forget the election, (for members of 
the independence convention). I consider that 
all important. Some men of whom I have cau- 
tioned you are making bold moves to become 
commanders-in-chief of expeditions. I will rob 
them of the army and they wiil be flat. 

They have hoisted a flag at Bexar for inde- 
pendence, with Gen. Houston's name upon it! 
This I have learned to be the fact. I find it 
necessary, in order to circumvent them, to order 
Gen. Houston immediately to take charge. He 
will obey the order promptly. ^' * - * 

My duties are arduous in the extreme, and my 
situation by no means enviable. Without means, 
harrassed, by the disbanding of a mob, called an 
army, a new organization, without precedent, to 
call organization and system out of anarchy and 
confusion, to give audience to all. * * '•' 
I have been placed by my fellow citizens, on the 



234 LIFE OF HENRY SMITH. 

political watch tower. I feel the responsibility 
and confidently hope I may prove a faithful 
sentinel. On one point however, I am settled, 
the country shall he saved, or I perish ! 

You will communicate this to Col. (William 
G.) Hill, with my best respects. Tell him I had . 
not time to write him, for the fiends of destruc- 
tion are on the alert. He knows my situation 
and will excuse me. ***** 

Farewell, 
Henry Smith. 

From his camp, on the 21st of January, 
after having learned of the pretended suspension 
of the governor. Major "Ward, [the same gallant 
gentleman who fell as Lieutenant-Colonel in the 
Fannin massacre, March 27,] answered Governor 
Smith's letter, in terms showing his full agree- 
ment with that gentleman's views and recogniz- 
ing him as the rightful and only governor. He 
also reports the vote of his volunteers for four 
delegates to the convention of independence 
thus: James Collingsworth 157, Asa Brigham 
156, E Iwin Waller 150, J. S D. Byrom 150, and 
Franklin 15. He said: "Franklin being a 
Georgian, some voted for him, but I hope not 
enough to injure our cause. I consider the suc- 
cess of the independence ticket certain in this 



LIFE OF HENRY SMITH. 235 

jurisdiction;' In this he was correct. The four 
gentlemen named were triumphantly elected 
and their names subscribed to the Declaration 
of Independence, on the 2nd day of March. 
Major Ward also used this emphatic language : 

"We Georgians came here to defend the 
cause of Texas. Nothing shall deter us from 
pursuing a straightforward course, and I assure 
you that unless independence is declared in 
March, every man will lay down his musket and 
march back. But if independence is declared 
not only those here but hundreds of others will 
be ready to shed their blood in the cause of 
Texas. I am compelled to communicate the 
mortifying intelligence that a few of our men 
have deserted us ; but I hope the people of Texas 
will not distrust all Georgians because we have 
a few cowardly and unprincipled scoundrels 
among us." Again he says : "I am under last- 
ing obligations to you for the frank and open 
manner in which you have been pleased to ad- 
dress me. Allow me to assure you that the con- 
fidence placed in me shall never be forgotten." 
It was expressions like this from volunteers to 
which Austin took exception in his letter to 
Royal of December 25th, denouncing Wharton. 



236 LIFE OF HENEY SMITH. 

On the 15th Dr. Charles B. Stewart, the 
enhghtened Executive Secretary, presented the 
following reply to the council's command, re- 
quiring him to plead to the accusations against 
him. It explains itself. 

San Felipe, January 15, 1836. 
To the President and members of the Council : 

Gentlemen. — Your commands requiring me 
to answer to the charges of "contumely and con- 
tempt" for your honorable body in non obedience 
to certain resolutions, I will endeavor to comply 
with. 

The construction which I have and am com- 
pelled to place upon the 16th article of the 
Organic Law admits no room for me to consider 
the existence of any other Provisional Govern- 
ment, than that created by the superior power of 
the convention ; which, consisting of a governor 
and council, constituting a Provisional Govern- 
ment, were to exist until a re convention or the 
establishment of another government. 

Your honorable body, and his Excellency 
Henry Smith, thus created, it is my duty to 
regard, the one as the proper legislative body, 
the other as the only executive power. In my 
own capacity, created by the General Council, 
claimed by the Executive, and executing the 



LIFE OF HENRY SMITH. 237 

duties of an officer of the General Council, it would 
be difficult to determine by whom I should be con- 
trolled, did not the nomination and appointment 
as secretary to the executive department, and 
the duties defined in the law creating a treasury, 
secretary, &c,, defining their duties, clearly place 
me subject to the Executive head, its immediate 
control. In reason and truth I have not much to 
alledge to absolve myself of the charges above 
referred to, of "contempt of the representatives 
in council of the sovereign people," and if possi- 
ble to prevent the recurrence of them by such 
course as your honorable body may think best ; 
and by granting me permission to tender my 
resignation. 

I have the honor to be, 

Charles B. Stewart. 

Dr. Stewart, an ardent friend, then and ever 
afterwards to Governor Smith, and an early 
advocate of independence, was endorsed by the 
people of the municipality of Austin, the seat 
of government, by an election to the convention, 
wherein he signed the Declaration of Independ- 
ence. He subsequently served much in public 
life — was one of the framers of the constitution 
of 1845 and was in the first and other legisla- 
tures under it ; his last service being in the legis- 



238 LIFE OF HENRY SMITH. 

lature of 1882, forty-six years later. But for 
great deafness for many years his services would 
have been much greater. He was a true son of 
South CaroHna — a refined and elegant gentle- 
man, and lived till early in 1886. On receipt of 
his reply the council fined him $2,500 for con- 
tempt and suspended him from the office he had 
already resigned. But none of them or their ad- 
herents every undertook to collect the money. 

On the 16th of January the "Acting" gov- 
ernor sent in this coram cinication. 

Gentlemen. — I beg leave respectfully to ask 
your attention to the importance and necessity 
of having a secretary to the Executive, as it is 
difficult if not impossible, to discharge the func- 
tions of that important department without an 
efficient person to fill that situation ; and allow 
me to ask, as a particular favor, the appointment 
of E. M. Pease, Esq., as eminently qualified to 
perform the duties of the office. But]this, as also 
all other appointments, being exclusively within 
your province to make, I will cheerfully ac- 
quiesce in any selection you, in your better judg- 
ment, may deem best calculated to promote the 
public welfare. 

Letters and communications daily arrive in 
this place, through the post office, by express and 



LIFE OF HENRY SMITH. 239 

by private conveyance, directed to ^'Henrij Smith, 
Governor of Texas.'''* I would ask your honora- 
ble body to direct me, as my legal advisors, 
whether, being so officially directed, I ought to 
open them as the only legal Executive. I am 
without any means of knowing what instruc- 
tions have been given to our foreign agents, or the 
Indian commissioners, or orders to the command- 
ing general, or any officer either civil or military; 
neither do I know what laws are, and what are 
not, published. And as the order of your honor- 
able body make it my imperative duty to cause 
them to be published in the Telegraph and Eeg- 
ister of San Felipe de Austin, and in the Texian 
and Emigrant's Guide in Nacogdoches, it will be 
difficult for me to perform my duty in relation 
thereto, unless I am put in possession of the 
public archives, now in the possession of my 
predecessor, and by him pertinaciously withheld 
through the instrumentality of his late secretary. 
With sentiments of great respect, 

I am your obedient servant, 
Jan. 16, 1836. James W. Robinson. 

The council also passed a resolution appoint- 
ing a committee of five, in event of there not being 
a quorum present, two thirds of the members being 
required, "to provide expresses for the acting 



240 LIFE OF HENRY SMITH. 

Governor, James W. Robinson, to send for absent 
members of the General Council and to aid and 
counsel the Executive aforesaid in giving advice 
and instructions to foreign agents ; to carry into 
effect the Indian treaty," and in all things to aid, 
advise, assist, instruct in any manner as the Gen- 
eral Council should act co-operatively with the 
Executive. [A virtual abdication of its power.] 
Again on January I'Tth, the last day on 
which the council pretended to have a quorum, 
though in fact they did not and had not had a 
quorum since the 9th, they 

Resolved, That a committee of Finance shall 
be appointed to consist of three, when there is 
not a quorum of members of the General Council 
present, who shall be and are hereby authorized 
to pass and allow accounts or claims against the 
government under the same rules and restric- 
tions the General Council has heretofore done, 
and they shall be and are hereby vested with the 
same equitable power that now vests in the Gen- 
eral Council, and shall have the power to draw 
for contingent expenses and to do all other acts as 
fully and completely, connected with the object 
of their appointment, as the General Council has 
heretofore done ; and the president of the council 
shall be ex-officio a member of said committee. 



LIFE OF HENRY SMITH. 241 

This extraordinary resolution, adopted when 
there was no quorum, was as illegal as its phrase- 
ology was awkward. A full council by unanimous 
vote, had no right to delegate such power to a 
committee. 

But they went rarther ana 

Resolved, That in case there he no quorum the 
"acting governor of Texas' be and is hereby 
clothed with full and ample power, by and with 
the advice of the advising committee, to enforce 
and carry into effect all ordinances, laws and 
resolutions, passed, adopted or enacted by the 
General Council of the Provisional Government 
and all other laws of Texas 

On the same eventful day Barrett introduced 
and the council passed an ordinance creating the 
office of marshal of Texas. This act, in the last 
throes of dissolution, as will be speedily shown, 
was a last desperate effort to subdue and conquer 
Governor Smith through the semblance of legal 
formality. 

Immediately thereupon John H. Money was 
elected marshal. Then succeeded the following 
farcical proceedings, rapidly intensifying the 
disgust of the country at the factious course of 
the handful who yet opposed independence and 



242 LIFE OF HENRY SMITH. 

who had been the fomenters of the discord exist- 
ing in the mihtary defence of the country. 

To Henry Smith, Esq., late Governor of Texas: 

In accordance with the following resolution 
passed by the General Council of the Provisional 
Government of Texas on the I7th inst., viz: 

Be it resolved by the General Council of the 
Provisional Government of Texas, That the late 
Governor, Henry Smith be, and he is hereby re- 
quired, within two hours after notice thereof 
given, to surrender possession of all the papers, 
records, public correspondence and public docu- 
ments of every kind belonging to the Executive 
department of Texas, or cause the same to be de- 
livered to the proper officer of this government, 
who is authorized to receive the same ; and that 
due notice of this resolution shall be given the late 
Governor, Henry Smith aforesaid, with the name 
of the officer who is authorized to receive the 
papers, documents, &c., as aforesaid. You are, 
therefore, hereby notified that John H. Money, 
Marshal of Texas, is authorized to receive all 
papers, records, public correspondence and public 
documents of every kind belonging to the Exec- 
utive Department, now in your possession, or 



LIFE OF HENRY SMITH. 243 

under your control and this shall be the notice 
required to be given by the resolution aforesaid. 
San Felipe de Austin, Jan. 19, 1836. 
John McMullen, 
President pro tem of General Council. 
James W. Robinson, 
Acting Governor. 
To John H. Money, Marshal of Texas. 

In accordance with the order within directed 
to me, I executed the notice on Henry Smith, 
late Governor of Texas, by leaving a copy with 
him at the hour of three o'clock, p. m., but did 
not obtain the papers, he refusing to give them 
up. 

San Felipe de Austin, 20th Jan., 1836. 

J. H. Money, 
Marshal of Texas. 
This brought forth the following : 
To John H. Money, Esq., Marshal of Texas. 

You will, on sight or knowledge of this, pro- 
ceed to serve a notice of this date upon Henry 
Smith, Esq , late Governor of Texas, and receive 
the papers, &c., therein specified, if he gives you 
possession of the same, and make return of your 
proceedings to this department, in due time. 

James W. Robinson, 
Acting Governor. 
San Felipe de Austin, Jan. 20, 1836. 



244 LIFE OF HENRY SMITH. 

On the next day, the 21st, the "Acting" gov- 
ernor issued this mandate : 
To John H. Money, Marshal of Texas. 

m THE NAME OF THE PEOPLE FEEE AND SOVEEEIGN. 

We command you, that you forthwith pro- 
ceed to take from the possession of Henry 
Smith, late Governor of Texas, all papers, records, 
public correspondence, and public documents of 
every kind, belonging to the Executive Depart- 
ment of Texas, by authority of a resolution 
passed by the General Council of the Provisional 
Government of Texas on the I7th day of Jan- 
uary, 1836, and place them in the charge and 
safe keeping of the Secretary pro tern of the 
Executive, (Edward B. Woodj and if the said 
Henry Smith, late Governor as aforesaid, or any 
other person or persons shall resist you in the 
execution of this command, you are hereby 
further commanded to call to your aid the power 
of the country, all officers of the civil and mih- 
tary, and all citizens of the country, who are 
hereby required and ordered "to obey your call. 
And make due return of this writ to the Execu- 
tive Department, together with your endorse- 
ment thereon and how you have executed the 
same forthwith. 

James W. Robinson, 

Jan. 21, 183^>. Acting Governor. 



LIFE OF HENRY smTH. 245 

The marshal, on the next day, made return 
in the subjoined language : 

"In accordance with the order within, to me 
directed, I demanded the public documents 
therein specified of Henry Smith, late Governor 
of Texas, who refused to give them up. 

I proceeded and summoned twelve persons 
to enforce said order, nine of which refused to 
act. J. H. Money, 

Jan. 22, 1836. Marshal of Texas." 

P. S. Those who refused to act were John 
Kice Jones, (then and afterwards Postmaster- 
General,) Joshua Fletcher, M, H. Wenburn, A. 
W. Ewing, W. P. Haft, Moseley Baker, (Captain 

at San Jacinto,) Dr. Robert 

Peebles and "Don" Jose Baker, (editor of the 
Telegraph) — 9. 

Those who were willing to act were John B. 
Johnson, Thomas Gay and H. C. Hudson— 3. 

Three to one ! Nine to three ! A fair index 
to the popular sentiment of the people at the 
time as between Governor Smith and the rem- 
nant of the council and its man of straw styled 
"Acting Governor." 

On the 18th Governor Smith had addressed 
this characteristic note to Robinson, the Lieuten- 
ant-Governor, then inflated with the vain desires 
of superseding his frank and independent chief. 



246 LIFE OF HENRY SMITH. 

San Felipe, January 18, 1836. 
Sir — Circumstances render it necessary that 
I should address you on the present occasion. 
When once I have formed favorable opinions of 
a man from hasty acquaintance, resting alone 
on the circumstances which brought it about, 
I feel always unwilling to change that favorable 
impression unless I have proofs convincing, 
in themselves, that mj^ prepossessions have 
been founded in error. My acquaintance with 
you is of that description. It has been short, 
and brought about by circumstances. My im- 
pressions and prepossessions were in your favor. 
I have treated you with the utmost friendship and 
courtesy, and would like to continue it if your 
own acts did not convince me that my confidence 
had been misplaced If so, I am prompt and 
decisive in my feelings and character as a public 
officer. My course is marked and I will pursue 
it. I have lived long in the country; I have 
many and strong friends, who have confidence 
in my integrity, and will sustain me; I have 
nothing to fear on that account. An intimation 
from me is all that would be necessary. You 
are a stranger in the country and of course your 
claims are not so strong. You have laid your- 
self open to impeachment or, as the matter now 



LIFE OF HENRY aMiXH. 247 

stands, you have impeached yourself. You have 
raised the seals of secresy and will now com- 
pel me, against my will, to expose you. You 
have a right to know I was willing to spare you, 
but you now force me to it. 1 charged your 
body with the crime of passing resolutions, pred- 
icated on false premises, without a quorum. 
You, sir, was their presiding officer and certified 
to me their acts You ought not to certify a* 
wrong, and thereby deceive me. You are cer- 
tainly liable for the acts which you certify. You 
have forced yourself into my power, and I am 
sorry for it. 1 had no wish to expose, injure, or 
conflict with you. I know my duties and powers 
I well knew I could not adjourn your body regu- 
larly without their consent, but I also knew I 
could take the responsibility and cut off their cor- 
respondence. For this I am amenable to my 
peers and not to your body They did not make, ' 
nor can they break me ; nor can you, with all the 
plastic power of your council chamber, upon 
what you may vainly conceive to be' my ruin. 
You, as a legal and sensible man, ought to know 
better. You must not assume such authority. I 
will not have my prerogative infringed. ' I pre- 
sume you have intercepted correspondence 
directed to me as the governor. If so, I consider 



248 LIFE OF HENRY SMITH. 

it an assumption on your part and one of which 
I have a right to complain. My feeUngs towards 
you have been kind and friendly, and I would be 
glad for such to continue, but I believe the course 
you have pursued, prompted from your vain and 
illusory hopes, will compel me to expose you. If 
SO; you will not have me to blame. I would 
willingly evade it. I would advise you as a 
friend, to consider the ground which you occupy 
and the authority by which you act, for I assure 
you I will discharge my duty as an officer and 
act promptly. I give you this friendly admoni- 
tion in order that you may not deceive yourself. 

Eespectfully, 
Henry Smith. 
To J. W. Robinson^ Esq. 

Reference has been made to a letter from 
Austin to Houston, written in New Orleans, Jan- 
uary 7th, 1836, announcing a total change in his 
views in regard to independence, since his letter 
to certain members of the council, sixteen days 
before, written at Quintana, December 22nd. 

An old veteran of the Texas revolution, as 
this work progresses, has sent the author a 
letter just pubished in the San Antonio 
Express of May 15th, 1887, written at Quin- 
■Oecember 25th, 1835, three days after 



t?jr,^ 



LIFE OP HENRY SMITH. 249 

that to memi^ers of the council, by Austin to R 
R. Royal. It was a private letter, preserved as 
such for over fifty-one years, but has thus been 
made public property, and is therefore inserted 
in full. 

QuiNTANA, December 25, 1835. 
Bear Sir. — The affairs of Texas are more 
entangled than I suspected they were. While 
the real friends of the country have been labor- 
ing in good faith for the general good of all, a 
few men, an unprincipled party, have clanned 
together to get possession of the public affairs to 
promote their own aims of ambition and personal 
aggrandisement. There has been much low 
intrigue, and amongst others I have been de 
ceived and treated with bad faith. My whole 
thoughts and soul were devoted to the common 
cause of Texas, and I could not suffer even my 
suspicions to descend so low as to suppose that 
there were individuals who could be influenced 
by any other motives than purely patriotic ones. 
I ought to have known better, but I was unwill- 
ing to believe that so much bad faith and political 
dishonesty and low intrigues existed as I am now 
compelled to believe has been and no doubt will 
continue to be practiced by Wharton and a few 
others. 



250 LIFE OF HENRY SMITH. 

What ought the owners of the soil, the old 
settlers of Texas, who have redeemed this country 
from the wilderness and made it what it is, think 
of men who will collect the signatures of persons 
on their first landing, who had not been here a 
day, or only a few days in the country, and 
attempt to impose a paper thus signed upon the 
world as the opinion of the people of Texas ? This 
has been done here, and a large number of 
names collected to a paper for declaring inde- 
pendence. It is time for the people of Texas 
to look to their true interest and distinguish be- 
tween those who serve them in good faith and 
those who are mere political jugglers and base 
political intriguers. 

I am associated in a mission to the United 
States with a man that I cannot act with — a man 
whose conduct proves that he is destitute of 
political honesty, and whose attention is ninch 
more devoted to injure me than to serve the 
country. I mean Wharton. Dr. Archer, I be- 
lieve, is governed by pure intentions, but he is 
very wild, as I think, as to his politics, and too 
much inclined to precipitate this country into 
more difficulties than there is any necessity for. 
Associated with such men, what have I to expect ? 
or what has the country to hope? The war is 



LIFE OF HENRY SMITH. 251 

now taken beyond the limits of Texas. Why 
bring it back by adopting such a course as must 
and will turn all parties in Mexico against us ? 
Will the people of this country suffer themselves 
to be jeopardized in this manner by a few men 
who attempt to assume their voice ? 

I have given my opinion on these matters 
in a letter to the Provisional Government, which 
Col. Fannin takes u]), and to which I refer you. 
[His letter of December 22nd]. The fact is that 
Texas is now in the hands of a party, and the 
whole objects of this party are to retain the 
power and serve thems(3lves. If they are not 
checked they will saddle the people with an army 
and a debt, and involve them in a war that will 
hd difficult to bear. The people ought to look to 
their interests before it is too late. I find that I 
have but little to expect, that is if I am to judge 
of the future by the past few months, and that 
I can be of but little use to Texas. I go on this 
mission from a sense of duty. It is a bad exam- 
ple for any one to refuse the call of the people 
when the country is in difficulty. I have been 
called to go, and I obey the call ; but if party 
influence and low intrigue and cabals are to 
govern Texas, I wish to have as little to do with 
her affairs in future as possible. 



252 ' LIFE OF HENRY SMITH. 

Perhaps I am myself somewhat to blame. - 
My unsuspicious disposition and the great im 
portance I have always attached to union and 
harmony, may have led me into errors by trust, 
ing and countenancing men who were unworthy 
of my notice or of confidence. When I arrived 
here last September I found the country dis- 
tracted and divided. My first object was to try 
and unite and harmonize, and I set the example 
by harmonizing and acting with my personal 
enemies. I did it in good faith and in the firm 
l)elief that I was serving Texas by such a course. 
Had there been good faith in the men I thus 
attempted to harmonize, it would have been a 
service to the country, but there was not, and 
for this reason the course I adopted did harm 
I find that parties must and will exist. I have 
heretofore tried to keep them down. I have 
never been a party man, but in future I believe 
the public good will be promoted by having the . 
parties clearly and distinctly marked — let a line 
be drawn between them — let the people under- 
stand that such a line is drawn and judge for 
themselves. Jackson's rule is a true one — every- 
thing for friends and nothing for enemies. 

I beg leave to recommend my friend Col- 
Fannin to you and my friends generally as a 



LIFE OF HENRY SMITH. 253 

mail who is identified with the soil and interests 
of Texas, and an honorable soldier. 

Farewell, 
S. F. Austin. 

The allusio» to the signatures obtained of 
newly arrived persons, probably not understood 
at the time by Gen. Austin, was an expression 
by volunteers from the United States that they 
desired to fight for Texas as a Republic, and not 
as a mere province of Mexico. 

The old veteran sending this newly published 
letter to the author says: "The schemers and 
low intriguers mentioned by Austin, were the 
patriotic founders of Independent Texas, now 
the Empire State of our Union. Austin stigma- 
tizing Wm. H. Wharton as destitute of honesty is 
exasperating to all who knew him intimately. 
I do not believe that a purer, more honest or 
patriotic person existed on Texas soil at that 
time. In fact, a man with such a wife as he had, 
could not be otherwise." 

Thirteen daj^s later Austin wrote the follow 
ing to Gen. Houston, a knowledge of which be- 
coming public soon after, destroyed the last hope 
of the enemies of independence, both in and 
outside of the council, who seem to have relied on 
Austin's course in the United States as calculated 
to strengthen their cause. 



254 LIFE OF HENRY SMITH. 

New Orleans, January 7, 1836. 
Gen. Sam Houston : 

Dear Sir. — In all our Texas affairs, as you 
are well apprised, I have felt it my duty to be 
cautious in involving the pioneers and actual 
settlers of the country by any act of mine until 
I was fairly and fully convinced of the necessity 
and capabilities of our country to sustain it. 
Hence it is that I have been censured by some 
for being over cautious. Where the fate of a 
whole people is in question, it is difficult to be 
over cautious or too prudent. Bf^sides these gen- 
eral considerations, there are others which ought 
to have weight with me individually. I have 
been either directly or indirectly the cause of 
drawing many families to Texas ; also the situa- 
tion and circumstances in which I have been 
placed have given considerable weight to my 
opinions. This has thrown a heavy responsibility 
upon me ; so much so that I have considered it 
my duty to be prudent, and even to control my 
own impulses and feelings. These have long 
been impatient under the state of things which 
has existed in Texas and in favor of a speedy 
and radical change. But I have never approved 
of the course of forestalling public opinion by 
party or partial meetings, or by management of 



LIFE OF HENRY SMITH. 255 

any kind. The true course is to lay facts before 
the people and let them judge for themselves. I 
have endeavored to pursue this course. 

A question of vital importance is yet to be 
decided by Texas, which is a Declaration of 
Independence. When I left Texas I thought it 
was premature to stir this question and that we 
ought to be very cautious of taking any step that 
would make the Texas war purely a national 
war, which would unite all parties again.st us, 
instead of it being a party war, which would 
secure to us the aid of the federal party. In this 
I acted contrary to my own impulses, for I wish 
to see Texas free from religious intolerance, and 
other anti i*epublican restrictions, and, independ- 
ent at once ; and, as an individual, have always 
Ijeen ready to risk my all to obtain it; but I 
could not feel justifiable in precipitating and 
involving others until I was fully satisfied that 
they would be sustained. Since my arrival here 
I have received information which has satisfied 
me on that subject. I have no doubt we can 
obtain all and even much more help than we 
need. I now think the time has come for Texas 
to assert her natural rights, and were I in the 
convention I Avould urge an immediate Declara- 
tion of Indei)endence. I form this opinion fronj 



256 LIFE OF HENEY SMITH. 

the information now before me. I have not 
heard of any movement in the interior by the 
federal party in favor of Texas, or of the consti- 
tution. On the contrary, the information from 
Mexico is, that all parties are against us, owing 
to what has already been said and done in Texas 
in favor of independence and that we have noth- 
ing to expect from that quarter but hostility. 
I am acting on this information, if it be true, 
and I have no reason to doubt it. Our present 
position in favor of the republican principles of 
the constitution of 1824 can do us no good, and it 
is doing us harm by deterring that kind of men 
from joining us that are most useful. 

I know not what information you may have 
in Texas as to the movements of the federal 
party in our favor, nor what influence they 
ought to have on the decision of this question, 
this being a matter on which the convention 
alone can determine. I can only say, that with 
the information now before me, I am in favor of 
an immediate Declaration of Independence, 
Santa Anna was at San Luis Potosi at last ac- 
counts marching on rapidly with a large force 
against Texas. We muet be united and firm and 



LIFE OF HENRY SMITH. 257 

look well to the month of March, rn1 be ready. 
I shall try to be at home by that time. 

Yours respectfully, 
S F. Austin. 
On the 22nd of January Governor Smith 
issued the following : 

ADDKESS TO THE PEOPLE OF TEXAS— USURPATION 
AND COKRUPTION. 

Fellow Citizens. — Placed on the political 
watch-tower by your suffrage, 1 consider it my 
duty to guard and protect your interests. As the 
. Executive officer of the government recently 
organized, provisionally, from necessity as a first 
step from anarchy and confusion, I, with diffi- 
dence and honest intentions entered on the duties 
of my office. 

The government so organized, it will be 
found by a reference to the Organic Law, is cir- 
cumscribed, both in its powers and its duties. I 
consider that the council on their part, have per- 
formed all the duties contemplated by that law, 
and from their recent conduct, have become a 
nuisance, and a heavy tax to the public, without 
producing any benefit. Circumstances have 
recently rendered it necessary for me to take a 
bold and decisive course with the council ; some 
of whom I considered had amalgamated and 



258 LIFE OF HENRY SMITH. 

united themselves with the speculators and 
swindlers, whose aim has ever been to trammel 
and ruin the true interests of the country. I 
found the conspiracy had become strong, and 
that exceptions taken by me, although it would 
screen me from public censure, yet would not 
protect the interests of the country. And these, 
with similar reasons, impelled me to the course 
I have pursued. The communication from me 
to the council, of which they complain, under 
date of the 9th inst., was not a public corres- 
pondence, nor was it intended for the public eye- . 
It was a private correspondence addressed to a 
secret session [to be convened at his request, Jan- 
uary 10th, being Sunday,] and intended to arouse 
the honest to watchfulness, and goad the dis- 
honest as they deserved. They have, however, 
committed a breach of faith, torn open the seals, 
and published to the world their infamy. They 
have created offices which have been filled by 
themselves and their minions, until they have 
become contemptible in numbers and conduct. 
They have made public a private document, 
which cannot be well understood by any but 
themselves, as it refers to their own acts, which 
have not benMi made public. They have come 
out with a long, well written tissue of falsehoods. 



LIFE OF HENRY SMITH. 259 

and I have all the necessary documents to prove 
it to be so ; but I have no wish, by way of 
recrimination, to trouljle the public. They are 
well paid for writing, but I have more important 
duties to perform. I have no wish to trouble the 
public, but their interest I will protect. Tlie 
imputations were strong, pointed and they felt 
them as 1 intended they should. They have 
published their own infamy to the world, by 
way of exciting public sympathy. In my private 
correspondence 1 screened their president; but 
in my public I dare not. He was a stranger to 
me, and to most of you, and as such I had no 
wish to impeach him, and was willing to make 
every possible allowance ; but his conduct proves 
him to be a vain man, and easily tickled into 
office. It is a bad omen to see a man attempt to 
climb over what he vainly conceives to be anoth- 
er's ruin, and seize with avidity the guberna- 
torial reins, intercept the public correspondence, 
and proclaim himself the governor of the land. 
I say to him he walks on deceitful ashes, undei- 
noath which there is fire. My own claims are 
slight enough, not having emanated from the 
people, but from a convention of the representa- 
tives of the i)e()ple. He derives his authority 
from a bold assumption of power, aided by a 



260 LIFE OF HENRY SMITH. 

goaded council, and in part corrupt, insignificant 
in numbers, and who are only the representatives 
of the representatives of a very small portion of 
the people of Texas. They, however, seem to 
think that the fate of the country is in their 
hands, and depends solely on their continued 
presence in the council hall, and that their ad- 
journment will bring down inevitable ruin on 
the country. But, fellow citizens, I feared they 
had too much the fate of the country in their 
hands. This was one grand reason why I wished 
them adjourned. If 1 should be permitted to 
judge, I would suppose the planetary system 
would receive no great shock; that the sun 
would continue to rise and set, as formerly; the 
earth contmue its rotary motion ; that we would 
still be blesFed with seed time and harvest, and 
that if the wheels of this government, now put 
in motion, should from any cause, become 
clogged or impeded, they were notified that they 
Would be immediately called by proclamation, 
I know my duties, and I know my powers. I 
am well aware I had not the power to adjourn 
the council without their co operation or consent ; 
but I knew I could cut off their correspondence, 
with my department, and prevent them from do- 
ing further mischief until the convention met, and 



LIFE OF HENRY SMITH. ' 261 

be accountable to the people for so doing. I also 
well knew that they did not make, nor can they 
])reak me. For my conduct, I am amenable to my 
peers, and not to the council. They have long 
been without a constitutional quorum, and they 
had a presiding officer whose duty it was to know 
the fact, and not make false certificates to me, 
calculated to deceive, to the injury of the public, 
and I would permit it no longer. They have 
taken exceptions, and preferred their charges 
and specifications, in substance and form, on 
which I have joined issue. They notified me, 
if I did not appear in three days and plead, that 
the trial would go on before the council, ex parte ; 
or that I might appear and plead in convention. 
I acknowledged the receipt of the charges pre- 
ferred, and made a demand of tlie president for 
a list of the names of the members present and 
up to the first of the month, inclusive ; for by 
their own acts, and the testimony of their own 
body, I expected to acquit myself of all the 
charges preferred against me ; and that, inas- 
much as I had already been condemned by their 
body, reason would direct the latter alternative, 
and that as a public officer I was amenable to 
my peers, and to none other. They have re- 
fused or neglected to furnish the list, and instead 



262 LIFE OF HENRY SMITH. 

thereof, the usurper has made a peremptory 
demand, (by his officer, whom he styles a mar- 
shal,) of all the archives of my office, and that 
two hours only were allowed for me to make the 
delivery. This I view as an unwarranted out- 
rage, amounting to treason; for I had notified 
them, that on those very acts I predicate my 
defence. I appeal fellow citizens, not for your 
sympathies, I appeal for justice; even-handed 
justice Ls all I as'K at your hands. My acts are 
open to your investigation. If I have betrayed 
the important trust; if I have erred, either by 
omissioTi or commission, I hold myself amenable 
to you. If my rights and immunities, as youi 
Executive officer, have been insulted and in 
fringed, punish the intruders and aggressors, 
their counsellors, aiders, and abettors, promptly, 
and restore the legitimate action of the govern- 
meiit. This is the second time I have been 
interrupted in the regular discharge of my 
functions as the chief Executive of Texas, in 
the course of a few months; first by a Mex- 
ican, who was prompted to grasp the reins, 
and now by an usurper, whose vanity has 
l)rompted him to mount the gubernatorial chair, 
proclaim himself governor, and rule the desti- 
nies of the country. If these things are permit- 
ted to go unpunished, what can we expect but 



LIFE OF HENRY SMITH. 263 

confusion, followed by ruin and disgrace ; preda- 
tory parties fitted out by land and sea, on the 
' faith and the credit, and I may justly say, the 
ruin of the country. The siege of Bexar, with 
the consequences and subsequent management, 
I would suppose, ought to be sufficient to teach 
us a lesson. That fortress, the reduction of 
which has cost us so much, is now stripped and 
left with only seventy naked men, destitute of 
clothing, provisions, ammunition and every 
comfort, and the country pillaged l)y impress- 
ments, and on the last advices, threatened by a 
large invading Mexican army, who, hearing of 
the weakened situation of that garrison, had 
determined to retake it. For these predatory 
expeditions, means can be raised on the faith and 
credit of the government, but not one dollar for 
honest purposes — not even provisions to feed the 
weary soldiers. These things are brought about 
l)y intriguing, designing men, who seek not to 
promote, but undermine, trammel, and finally 
rain the country, aided by the improvident acts 
of a corrupt council. 

What I have done, be it considered good or 
bad, has been done for the best of reasons, and 
from the purest motives. I frankly acknowl- 
edge, that I knowingly and wilfully set the 



264 LIFE OF HENRY SMITH. 

match ! I have thrown myself into the breach ! 
and whatever the consequences may be to me as an 
individual, I honestly own to you, it is a sacrifice 
I have willingly made at the shrine of the public 
good. The agitated state of the country renders 
it necessary that I should exercise the powers 
delegated to me in the 4th section of the Organic 
Law, and I now call upon you, fellow-citizens, as 
the militia of the country, to aid and assist in 
carrying it into effect. I only ask at your hands, 
as your Executive officer, to see justice adminis- 
tered to me and yourselves. The speculating, 
intriguing conspirators, must be punished, or 
your interests will be ruined. All officers of the 
army and navy belonging to Texas, or marshaled 
within its limits, are hereby notified that they 
will be held strictly amenable to the laws ; and 
at all times, when circumstances require it, to 
carry into effect the 4th section of the Organic 
Law, in conformity with its provisions. The 
proper officers of this government will fit out expe- 
ditions whenever they deem it expedient to do so. 
But this government will not be amenable, or 
countenance any predatory expeditions calculated 
to embarrass its circumstances, or compromit 
its honor. Henry Smith, 

Governor. 
San Felipe de Austin, Jan. 22, 1836. 



LIFE OF HENRY SMITH. '265 

To show the effect produced on the soldiers 
in the field by the warfare on Governor Smith, 
the following letter from one of the most gallant 
of their number, is given : 

Bexar, January 20, 1836. 

My dear Governor. 

While I am waiting to carry an express to 
Gen. Houston, I take the opportunity of giving 
you my sentiments by our express to San Felipe. 

By the documents you will receive you will 
perceive our indignation at this post at the dis- 
orderly and anarchical conduct of the council. 
Were it not for a proclamation issued from head- 
quarters [meaning Gen. Houston] which arrived 
here last night, you would have men, not senti- 
ment at San Felipe to sustain you in the discharge 
of your duty as first Magistrate of the nation. 
Be consoled ! Fight the good fight and we are 
with you to a man. Let the low, intriguing land 
and Mexican speculators know, that the sons of 
Washington and St. Patrick will not submit to 
delusion, rascality and usurpation. We are 
bound to you in the proper discharge of your 
duties and will not submit to anarchy and mis- 
rule. May God bless you and prosper you is the 



266 LIFE OF HENRY &M!TH. 

sincere wish of an honest son of Erin and a friend 
to Texian Independence. 

Your obedient servant, 
M. Hawkins. 

P. S. We will sustain you by arms. 
To Governoi Henry Smith. 

On the 21st of January, from Velasco, J. W. 
Fannin, jr , as Agent of the Provisional Govern- 
ment, or rather of the council, addressed the 
following letter to the "Acting" governor and 
remnant of the council : 

Velasco, January 21, 1836. 
To his Excellency James W. Robinson, Governor, 

and the General Council of Texas : 

I had the honor on yesterday, to make a 
hurried report of my proceedings up to that 
date, and can now only confirm the same by 
saying that I think we will sail for Copano this 
evening, if the state of weather wiU permit of 
our crossing the bar. I have at this place about 
two hundred and fifty men, and nearly one 
hundred in waiting at Matagorda Pass, who 
came out on the Brutus and under command of 
Captain Shackleford from North Alabama. Our 
fleet will sail, and all go down to Aransas in 
company ; and God willing and the weather fair, 
I hope to mafee a favorable report to you from 



LIFE OF HENRY SMITH. 267 

Copano on the 27th inst. I have employed the 
schooners Columbus and Flara as tenders, being 
of light draught of water, and can pass up to the 
landing with safety I shall take the two four 
pound brass field pieces left by General Mexia, 
and two other pieces to be left for the use of the 
fortifications, being or to be erected at Copano. 
I have sent forward proper officers to procure 
and have in readiness carts and teams to trans- 
port the necessary provisions and cam]) equipage 
and trust that no delay will be experienced in 
making progress to the point of destination. 

With regard to any anticipated difficulties 
with the general-in-chief, you need have no sort 
of apprehensions I shall never make any myself. 
The object in view, will be the governing princi- 
ple, and should General Houston be ready and 
willing to take command and march direct 
ahead, and execute your orders, the volunteers 
are willing to submit to it, or a reasonable part 
of them, I shall not say nay, but will do all in 
my power to produce harmony and concert of 
action, and will go forward in any capacity. 

You will allow that we already have too 
much division; and one cause of complaint is 
this very expedition, and that it is intended to 
displace General Houston. Not one member of 



268 LIFE OF HENRY SMITH. 

your body, or a^y other man living, can impute 
to me such motives by any past act or word ; and 
I am resolved, that no future one shall be so 
intended. But rest assured of one thing, I will 
go where you have sent me, and will do what 
you have ordered me if possible. 

Let me <;all your attention to ordering all of 
our provisions to Copano, as also volunteers. 
Inform our agents and commercial men in New 
Orleans that they may ship there ; also the forti- 
fying of Galveston Island and the Paso Cavallo 
at Matagorda Bay ; there are sufficient cannon 
here to do it and prevent the enemy taking 
possession and making a descent into the heart 
of the country and destroying our towns and 
commerce. A company at each place will be 
amply sufficient for all present use; and by 
ditching and the use of drift logs lying at hand, 
strong field temporary fortifications can be 
erected, which will forbid the disembarkment of 
any hostile force on our shores. Volunteers for 
one or two months, for the express occasion, can 
be raise^i, and these are the only safe dependence 
to be relied on at present. 

It ia folly to speak of waiting for regular 
troops to do it. You may rely upon it, that we 
will not have one th®usand of th^m in Texas b} 



LIFE OF HENRY SMITH. 269 

May, and if this expedition prospers as contem- 
plated, you need not desire it. I ana forced to 
say, that I dread a large regular army in this 
country, or an auxiliary one of volunteers, if 
commanded and used as contemplated by some. 

I have seen a letter from "his Excellency, 
Henry Smith, Governor of Texas," to an officer 
commanding the volunteers, urging him and his 
men to attend particularly to the elections, and 
to suspect and distrust all who were in any wise 
opposed to their voting, or to an immediate 
Declaration of Independence. All such were de- 
nounced in the bitterest terms, as traitors to the 
country, and your own honorable body were 
declared a corrupt, unprincipled set of men who 
had sold themselves to the opposition or anii 
administration men. The following is nearly, if 
not the precise language used : 

"There is a deep laid plan to confuse me and 
my government, but I am aware of all their 
movements, and have anticipated them, and will 
counteract them. The opposition are strong and 
have money and means, and my council are 
needy and corrupt. They are engaged in it." 

In speaking of the labor he has to encounter, 
and difficulties he has to undergo, he very patri- 
otically alludes to the late volunteer army of 



270 LIFE OF HENEY SMITH. 

Texas, composed mostly of free citizens of Texas, 
and as far as I am informed and believe, of as 
good, if not the best men in the country, in the 
following strain : "A mob, nick-named an army, 
has just been disbanded amongst us, and I am 
threatened with assassination by an internal 
enemy at home," (the mob volunteer army,) "and 
an external enemy from abroad." Who the 
external enemy is, we are left to conjecture only ; 
probably Santa Anna himself may be in disguise 
and playing the "incog" to accomplish the down- 
fall of the government, which certainly would 
be finished if "His Excellency" should go by the 
board. He is the government, and no better 
sacrifice can be offered at the shrine of central- 
ism, than his blood ; and the illustrious hero of 
Tampico will most unquestionably make all 
reasonable efforts to perform the wondrous feat, 
and thereby enthrone himself in the hearts and 
affections and fears of admiring countrymen. 

"But," his Excellency continues, "I am 
ftilly apprised of their designs, and will entangle 
them in their own works, and ere long throw 
them a fall which will break thetr own damned 
necks, and they shall welter in their own blood." 

This language is used in reference to the free 
citizens, volunteers of Texas, and turned out 



LIFE OF HENRY SMITH. 271 

without orders or organization to meet and repel 
an invading enemy, and sustain the honor and 
fame of the American character, and have 
driven from our borders four times their numljer 
of regulars, and them well armed and equipped, 
with artillery, cavalry &c., and with loss of only 
five men killed. This is the "unkindest cut of 
all" and I am forced to say has been the sole 
cause of my noticing the communication at 
present, though the base slander against the 
representatives of these very volunteers, is as 
uncalled for as it is false and unjust, not to say 
undignified. 

This letter is addressed 'to Major William 
Ward, of the Georgia Batallion, who is at present 
reluctant to give a copy or I should forward it 
to you for use. It will be remembered that he is 
a stranger to Governor Smith, having just ar^ 
rived in the country. 

Certificates of citizenship were forwarded 
wjj;h all the necessary instructions, with regard 
to voting for members to the approaching election 
for delegates to the convention. 

It is unnecessary for me to detail further 
circumstances. The leading facts are presented 
to you and I think call for your action. The 
people of Texas should be fully apprised of the 
facts and doings of their public agents 



272 LIFE OF HENRY SMITH. 

I shall procure the letter or a copy, but if he 
can deny either the letter, the language, nay, the 
words or sentiments, let him do it, and double 
falsehood and perjury will be added to the cata- 
logue of his offences and misdemeanors. 

In haste, I am as ever, with sentiments of 
high consideration, 

Your obedient servant, 
J. W. Fannin, Jr., 
Agent Provisional Government. 
Upon receipt of this letter from Fannin, on 
the 26th of January, the eight members of the 
council still in San Felipe, (thirteen being neces- 
sary to constitute a quorum,) 

llesolved, That the letter from Col. J. W. 
Fannin, received this evening from the Execu- 
tive Department, be forthwith published in hand 
bill form, that the citizens and especially the 
members of the late volunteer army, may be 
informed of the disposition and conduct of Henry 
Smith, who was made governor by the late Con- 
sultation, but whose acts previous to this time 
have suspended him from office. 

Resolved, That the communication is of 
itself sufficient, without any comment from this 
body, and we leave the community to judge 
whether this production, and the late insulting 



LIFE OF HENRY SMITH. 273 

message from Henry Smith to this council, have 
originated from the effects of an unsound mind, 
or are the overflowings of a corrupt heart." 

The best commentary on the letter of Fan- 
nin, so eagerly seized, as a prop to their cause 
by the non quorum members of the council, is 
the following letter from Lieutenant-Colonel 
William Ward, to whom a committee had writ- 
ten for a copy of that private letter, to be used 
against the governor in their proposed trial of 
him. It is self-explanatory and from one who 
gave his life to Texas, in the massacre at Goliad, 
one month and seven days later. 

Goliad, February 20, 183G. 
Gentlemen. — Your letter under date of the 
11th inst., was duly received. It seems that an 
inveterate and incurable collision between the 
body, of which you are the representatives, and 
Governor Henry Smith has taken place, and you 
call upon me to furnish you with the copy of a 
letter, written by the said Smith to me some 
time during the past month, extracts from which 
have been furnished you by Col. J. W. Fannin, 
jr. This letter, the production of which is thus 
sought, no doubt is intended to be used by lii^ 
enemies, to the detriment and injury of Gov- 
ernor Smith, as containing sentiments and 



274 LIFE OF HENRY SMITH. 

expressions highly insulting and obnoKious to 
the late and present volunteer army. 

After maturely reflecting upon the subject 
I feel myself compelled to dechne myself a com- 
pliance with your request, and a sense of self 
respect and courtesy to your body prompt me to 
explain to you frankly the reasons which prompt 
me to adopt this course. 

When I first came to Texas, a total stranger, 
to aid her with all the power and influence 
which 1 possessed, it was my first business to 
receive all the information I could in relation to 
the internal and external situation of the coun- 
try, and the prospects and expectations of her 
leading and most important characters. With 
feelings of no common sorrow I saw the germ 
of feuds and divisions, had already been planted 
in the heart of the country. Without even 
intending to mingle in these civil strifes, and 
hoping that from a common sense of danger and 
the complete necessity of general harmony there 
would be found in the country patriotism suffi- 
cient to lull these commot ions in their incipient 
stage, 1 freely mixed with all, conversed with 
all and sought information from all. On a visit 
to the capitol, transacting business for myself 
and those individuals who had generously fol- 



LIFE OF HENRY SMITH. 575 

lowed my fortunes and placed themselves under 
my direction, I early became acquainted with 
Governor Smith, who, with an ardor and zeal 
more upright than perhaps discreet, frankly 
disclosed to me his views and sentiments in 
I'elation to the civil affairs and prospects of the 
country, and the suggestions he threw out and 
the advice he gave me were of a character nat- 
urally to inspire a stranger with confidence in 
the honesty and integrity of the man, and the 
little experience I have had establishes, in my 
judgment, his sagacity and foresight as a states- 
man. Thus favorably impressed I became a 
correspondent of his Excellency, and honestly 
uniting in his views without participating in his 
violence, he did me the honor to address me on 
all occasions with the frankness and unrestrained 
freedom of a friend. When thus addressing me, 
amidst the perplexity and confusion of his official 
business, provoked and maddened by an opposi- 
tion active and violent, and not presuming 
probably that his communications would be 
handed out to the view of his opponents and the 
world for comment, is it not natural and reason- 
able to admit that he should hav^e expressed 
himself without much caution and, on matters 
that had so much annoyed him, with warmth ? 



276 LIFE OF HENRY SMITH. 

And should I be in the possession of any docu- 
ments calculated to raise the voice of complaint 
against him one single note higher than it is at 
present, thus obtained, in yielding it to the pos- 
session of his enemies, would I not act the part 
of a traitorous and faithless friend. And, with 
all proper respect, let me ask could a liberal and 
magnanimous opposition avail itself of such tes- 
timony to torture and crush its victim. - 

But gentlemen, when you are informed of 
the manner in which the fact of my having such 
a letter was disclosed and imparted to you I am 
sure you will coincide with me in the opinion 
that a manifest impropriety exists in my fur- 
nishing you with a copy or with the original. 
Col. Fannin was himself the bearer of the letter 
from Governor Smit-h to me. Knowing the 
handwriting, and prompted by an anxiety which 
I will not i»retend to divine, but at the moment 
did not distrust, in compliance with his repeated 
solicitations and under the panoply of his 
plighted faith to secresy, I submitted the paper 
to his inspection. He made several applications 
to me for the purpose of obtaining a copy and 
the liberty of using the privilege with which 
I had confidentially entrusted him, to all of which 
I gave an unqualified and prompt denial. Judge 



LIFE OF HENRY SMITH. 277 

of my surprise and astonishment then, when 
your letter informed me that, with an abandon- 
ment of dehcacy and decorum that I thought 
appertained to a character witli which Col. Fan- 
nin acknowledged no affinity, he had used me 
and my confidence to feed the flame of discontent 
and hatred against the governor, in which it 
seems he is ambitious to act a conspicuous part. 

The above remarks, you will discover, are 
predicated upon the supposition that this celebra- 
ted letter, if produced, would contain sentiments 
and language, discreditable to its author — and 
from the incorrect and garbled manner in which 
its contents are attempted to be quoted by Col. 
Fannin, the public, until better informed, will 
entertain the same opinion. Col. Fannin at- 
tempts to give the extracts, verhatmn et literatim. 
When that part of his letter which I perceive 
has been published by order of the council 
with great eclat, containing the extract, was 
compared with the original in my possession, m 
the presence of several respectable and intelli- 
gent gentlemen, they were all astonished at the 
misquotations and perversion of its general sense 
and meaning. If I could feel myself absolved 
from the delicacy of my situation, and could 
with propriety divulgu the original to the world, 



278 LIFE OF HENRY SMITH. 

mankind would see in this but another instance 
to what shameful means party spirit will descend 
in the might of its malignant rancour. 

And I feel deeply mortified that not content, 
not only with abusing my confidence and uncourte- 
ously presenting me to the public m the character 
of an informer^ he should give a false coloring to 
a document, which if plainly read and fairly 
construed, would mark the purity and patriotism 
of the man who had penned it. 

It belongs not to me to counsel Gov. Smith 
what might be conducive to his defence, nor to 
his enemies what might contribute to his con- 
demnation, but I do honestly affirm in my hum- 
ble opinion that if this letter, which has been 
so unhandsomely used to his disadvantage, could 
be read befm^e his peers on his trial, it would be 
found to contain not one expression that would 
cause the hue of shame to tinge the countenance 
of a single friend. True, it is warm— even 
violent, but even this, its very error, shows the 
sincerity of his determination to advance at all 
hazards, what he conceives to be the true inter- 
ests of his country, and to ojipose even to the 
extent of self imtnolatiou what may redound to 
her injury and rum. 



LIFE OF HENRY SMITH. 279 

Intending, gentlemen, to keep myself aloof 
from all party connections ; determined to chain 
myself to the car of no political sect, and desir- 
ous to discharge my military duties to the satis- 
faction and approbation of my adopted country, 
I have thought it an act of justice to myself to 
offer you the above remarks, in order to extricate 
myself from an unpleasant situation, in which 
I have been placed contrary to my intentions 
or desires. 

Every one must lament the height to which 
political discord has attained. If ever there was 
a crisis in the affairs of a country which required 
the harmonious action of all her citizens, that 
crisis has arrived in Texas The foe is in the 
field with means and men beyond our reach. 
Extermination is his war-cry. Nothing can 
save us but unanimity, harmony, concentration 
and a bold, heroic movement of all our power. 
With this and a complete annihilation of all 
factious feelings, success and glory will yet en 
circle the oanner of our adopted country. With 
great respect, gentlemen, 

I am your obedient servant, 
Wm. Wakd. 

The committee who addressed Col. Ward 
and to whom the preceding reply was addressed, 



280 UFE OF HENRY SMITH. 

were Messrs. Thompson and Clements, of the 
council. Though a little later in date, the sub- 
joined correspondence, bearing upon the same 
subject, is inserted at this point. The whole was 
published by Col. Hill, in a hand bill, Feb. 20th. 

TO THE PUBLIC, 
Notwithstanding, I have participated in the 
general feeling of indignation at the conduct of 
the council, I did not anticipate the public ex- 
pression of my sentiments. But, when I am 
called upon by the highest functionaries in the 
land to commit an act not only dishonorable, but 
criminal, I cannot longer withhold the expression 
of my indignation. Below will be found a letter, 
not confide7itial, addressed to me by two of the 
honorable mefubers of the council, together with 
my reply, which I lay before the public, without 
comment, satisfied that my conduct will be ap- 
proved by every high mmded, honol*able man. 

Wm. G. Hill. 
Brazoria, Feb. 20, 1836. 

THE DEMAND. 

San Felipe, Feb. 14, 1836. 
Colonel William G. Hill. 

Sir. — We have been appointed by the Gen- 
eral Council to conduct the prosecution against 
the late Governor, Henry Smith, before the next 
convention. Among other matters of testimonv. 



LIFE OF HENRY SMITH. 281 

to support the charges against him is a letter 
written to yourself about the 17th of Januar.y 
last, of which a copy has been received at this 
place. We have to request that you will for- 
ward said original letter to us at Washington. 
We trust that you will not fail in doing so, as m 
that case it will become necessary to summon 
yourself to attend. 

Respectfully yours, 
Signed. Alex. Thompson, 

J. D. Clements. 

COLONEL HILL'S RESPONSE. 

Brazoria, Feb. 20, 1836. 
To Alexander Tiiompson and J. D. Clements: 

Gentlemen. — Your commi«ini cation of the 14th 
inst., conveys so direct an insult, or betrays such 
gross and unpardonal)le ignorance on your part, 
that I would not have replied, but to explain 
how the copy of the letter, which you desire, was 
obtained, (if such copy exists). The letter was 
opened by without my knowl- 
edge or consent, and if any copy does exist, it 
was surreptitiously obtained and I denounce the 
perpetrator of the shameful act as a violator of 
tlie sanctity of private intercourse, and of course 
no gentleman. You impudently call ujwn me 
to expose a correspondence, which all nations 



282 LIFE OF HENRY SMITH. 

agree in considering as sacred, for the sole pur- 
pose of injuring the writer, who wrote for a friend 
only, and not for the public ! You call upon me 
to commit an act, which you must know would 
be criminal and is calculated to destroy the life 
of society — an act which none but a villian 
would perform ! You call upon me to do this, 
and for what! To aid you in a parricidal at- 
tempt to destroy the highest Executive in the 
land ! I assure you I do not aspire to the dis- 
tinction of an association with your honorable 
body in such unhallowed purposes In conclu- 
sicm, I cannot withhold the expression of the 
indignation and contempt, which your base 
proposition inspires, and I most earnestly hope 
that your public career • may be brought to a 
speedy and ignoble close ; and that upon your 
heads will be visited the scorn and indignation 
of an enlightened and high minded [)ublic. I am, 

Wm. G. Hill. 

The communications of Cols. Ward and 
Hill are given without comment, as nothing is 
left for explanation. 

On the 3rd of Fol)ruary the president laid 
before the council, or the fragment of it still 
present, this mandate from Governor Smith, 
issued on the previous day . 



LIFE OF HENRY SMITH. 283 

To Thomas R. Jackson, Esq., to execute. 

"You are hereby authorized and required to 
proceed to the council hall or elsewhere and 
demand of J. W. Robinson, former president of 
the council, and the members, the following 
documents, viz: An ordinance and decree re 
quiring me to commission McKinney and Wi!- 
hams to contract a loan of $100,000, on which 
bill a commission has issued, and by that body 
demanded and taken from my secretary before 
it was recorded in my office. Also two commis- 
sions certified in that bill to have been returned, 
one to McKinney and Williams made out by the 
previous council, of which R. R. Royal was presi- 
dent, and also one other coin mission made out 
by me to Thomas F. McKinney, both for the same 
amount of $100,000. These are Executive papers 
and belong to my office. You will also demand 
and bring me the terms on which the armed 
vessel Invincible has been tendered and accepted 
by the government. You will further notify 
them that if these things are not promptly coni- 
l)lied with and they immediately desist from 
their injurious and disorganizing operations, that 
I will immediately order their arrest and trans- 
mission to the post of Bexar to be tried b} 
martial law." 



284 LIFE OF HENRY SMITH. 

You will immediately make to me your 
report. 

Given under my hand at office, this 2nd day 
of February, 1836. 

Henry Smith, 
Governor. 

On this the "fragment" preferred additional 
charges against Governor Smith, embracing 
"treason" and the embezzlement of $5,000, sent 
for the aid of Texas, by H. E. W. Hill, of Nash- 
ville, Tennessee. Both fell still born till, before 
the congress of Texas in 1841, Governor Smith 
demanded an investigation of the $5,000 matter, 
when, after a thorough examination by a joint 
committee, headed by Anson Jones, on the part 
of the Senate and Sterling C Robertson on the 
part of the House, it was reported and unani- 
mously adopted by each House that the money 
had been properly used, and that the government 
owed Governor Smith $131 on that account. 

Notwithstanding the apparent confusion, 
made manifest in the preceding pages, Governor 
Smith continued inflexibly in the discharge of 
his duties, sustained by the proper officials and 
the country at large, the factionists being few 
and powerless. 



LIFE OF HENRY SMITH. 285 

On the 5th of February he addressed a letter 
to WilHam Bryan, of New Orleans, agent of 
Texas in that city, in reply to one from that gen- 
tleman of January 20th, just after he had 
learned of the revolutionary attempt to suspend 
the governor. Here follows the letter : 

San Felipe, February 5, 1836. 

Respected Sir. — Your favor No. 3, under 
date of 20th January, has just been received 
with its enclosures. * ♦ * * 

The vessels of which yoii speak, under con- 
voy of yie Liberty, Col. (John A.) Wharton has 
reported to me as having arrived safe off the 
Brazos Bar and proceeded to the Bay of Mata- 
gorda, or Copano, at both of which points I have 
written him. 

I assure you I do not mean to flatter 
when 1 say to you, I am proud to see you and 
friend Hall announced as our agents, with both 
of whom I feel I can correspond freely and 
safely, on any matter connected with the interests 
of the country. Since my installation I have 
had to contend with much difficulty and con- 
fusion, growing out of party strife, based on the 
conflicting interests of the country. It is well 
understood here and need not be kept from you 
as our agents abroad. 

41 * * * Sj! * 



286 LIFE OF HENRY SMITH. 

I am, however, happy to inform you that 
before the sun sets everything will be right in 
the capitol. The army has declared The mass 
of the people have declared that honest men 
and measures shall be sustained, and that the 
"sled" must cease its run forthwith. This I 
have succeeded in without violence, and hope 
soon to have everything in regular trim. They 
have, however, done much mischief, but I hope 
it will all soon be counteracted, with the excep- 
tion of w^hat I fear has been irretrievably lost 
by downright swindling, some of which may be 
beyond my control. The first of March will gi\^:^ 
the death blow to their main project, as I have 
no doubt the independence of Texas will be pro- 
claimed to the world, and then a long farewell 
to all Mexican policy. 

****** 

This country can never prospei' until a few 
of that baneful faction are immolated on the 
altar of their own perfidy. The convention will, 
I hope, afford the grand corrective. 

Owing to their base management, much 
(confusion prevails among our volunteer troops 
on the frontier, but, by using much vigilance, I 
iiave now got Bexar secure. On the last advices 
the enemy were concentrating on our border in 



LIFE OF HENRY SMITH. 287 

considerable numbers and every exertion nsed, 
and everything put in requisition for a formida- 
ble campaign against the colonies in the spring. 
Flying rumors have been sent in to delude us, 
by saying many of the Eastern States have 
declared in opposition to the dictator. In this, 
however, I have no confidence, believing it is 
intended to delude us. 

Copano has been assigned as our headquar- 
ters for the present, until we make a declaration 
and have a sufficient number of men and means 
to operate on, when we will immediately remove 
to the west, of which you will be informed from 
this department. 

I depend much on our aid from the United 
States. To them I look, for they come to sustain 
us on honest principles alone, for which I confi- 
dently hope they will be amply rewarded. 

Let me hear from yourself and Mr. Hall 
(to whom you will please show this) officially 
and privately. * * * * 

Respectfully, 
Henry Smith, 
Governor. 
On the 8th of February the "Acting" gov- 
ernor fulminated a high sounding proclamation 
against tlK^ rightful governor, to which nu atten- 



288 LIFE OF HENRY SMITH. 

tion was paid. While Robinson had spoken for 
independence in the Consultation on the 6th of 
November and re-declared himself in favor of it 
in a characteristically volumnious communica- 
tion to the convention in March, in the mean 
time, he had acted with and allowed himself to 
be used by the anti-independence element in the 
council. Judging by his subsequent career as a 
judge and the manner in which he secured his 
release by Santa Anna in 1843, as a Texian pris- 
oner, captured at San Antonio in September, 
1842, to bring home the most odious propositions 
from Santa Anna to Gen. Houston for Texas to 
became a Mexican State, he was a man of inor- 
dinate ambition, fluent in language, but devoid 
of judgment and that unselfish integrity of 
purpose demanded by the sore necessities of the 
country. It will be seen near the close of this 
work that fourteen years later, he, with his wife 
and only son, and Governor Smith with two sons, 
were thrown together and became traveling- 
companions, across the dangerous, savage wilds 
from Texas to California, covering several months 
in 1849-50. And here it is legitimate to say that 
many of the asperities engendered during and 
immediately prior to the existence of the Provis- 
ional Government, were eliminated from th(^ 



LIFE OF HENRY SMITH. 289 

breasts of men by the Declaration of Indepen- 
dence, the immolation at the Alamo, the butch- 
eries of Goliad and the avenging splendors of 
San Jacinto. Here follow 

LETTERS FROM COMMISSIONER WILLIAM H. WHAR- 
TON TO GOVERNOR SMITH. 

FIRST LETTER. 

Memphis, Jan. 27, 1836. 
(unofficial.) 
My Dear Sir. — "1 am thus far on my way to 
Washington City. Archer and Austin will be 
on in a few days. I find the feelings in the 
country universal in our favor, provided we war 
for independence, or wish to attach ourselves to 
the United States of the north. But if our war 
is to be for the Constitution of 1824, and is to 
terminate in anything short of a total dissolution 
of all connection with Mexico, we may expect no 
sympathy or assistance from this quarter. For 
heaven's sake press upon the next convention the 
vital importance of making an immediate ''Dec- 
laration'' setting forth at large the reason for so 
doing. Try and have this done as early in the 
session as possible and send the glorious news to 
be published in New Orleans, and letters an- 
nouncing the fact to the commissioners at Wash- 
ington, &c., tijc." Your friend, 
' Wm. H. Wharton. 



290 LIFE OF HENRY SMITH. 

SECOND LETTER. 

Nashville, Tenn., Feb. 7, 1836. 

Dear Sir. — I have been here four or five 
days, confined to my room with a cold and 
wretched cough. My physician is apprehensive 
of serious consequences, but 1 am not. I left 
Archer and Austin in New Orleans, to wind up 
some business connected with the loan. They were 
to have been here several days ago and are, I fear, 
ice bound in the Ohio, below the mouth of Cum- 
berland. All traveling is suspended, both by 
land and water, on account of roads and ice. 
The Mississippi and Louisiana Senators find it 
impossible to get to Washington for the present. 
I have written on to the president and to my 
friends in both houses, explaining to them our 
Texas affairs. I have also printed a pamphlet 
(one of which I send you,) signed Curtius, and 
sent one to Washington and to various editors. 
Mexico has remonstrated with this government 
on account of the volunteers going to Texas. 
But the French question absorbs every thhig else. 
It is unfortunate for Texas that her concerns 
came on the carpet simultaneously. They will 
not receive as prompt attention. 

I long much for the meeting of the next 
convention in Texas. Everything depends upon 



LIFE OF HENRY SMITH. 291 

the harmony, promptitude and wisdom of their 
movements. I hope, sincerely hope, that our 
perilous situation has drowned everything like 
personal or party feeling, We are madmen, if 
we do not at least for the present, and I trust 
forever, forget all such bickerings and conten- 
tions. I suppose, of course, the convention will 
declare for absolute independence. I should be 
half distracted if I thought they would not. 

The vote of the body should be taken on 
whether they prefer remaining independent or 
being attached to the United States. I prefer 
the latter a thousand to one. The declaration 
should be explicit, and we should receive timely 
notice of it, with instructions, if we are to 
remain here in commission, from the govern- 
ment. After the million loan is accomplished 
I should think one of us might return to 
Texas, for a time at least. But do with us 
as you please. I sliould prefer my present to 
any other post. I will have nothing to do with 
the Executive post, and wish it so understood. 

We cannot, as you know, approach this 
government formally or apply for recognition of 
Texas Independ<ence without a different commis- 
sion. The question is now sprung in the papers 
in regard to the annexation of Texas to the 



292 LIFE OF HENRY SMITH. 

United States, and I shall keep it alive, for it 
serves to call attention to us. As I wrote to you 
from Velasco. if a belief obtained nere that we 
were carrying the war beyond the Rio Grande 
for cupidity, conquest, pillage, plunder or any 
other motive than to make our enemy acknowh 
edge the independence of Texas, it would drown 

our cause beneath all depth in . Write 

often. My wife and child are well. 

Yours, 
Wm H. Wharton. 
To Governor Henry Smith. 

THIRD LETTER. 

Nashville, Tenn., Feb. 13, 1836. 
Dear Sir. — We are still here, detained by 
impassable roads and frozen rivers. In the last 
few days the cold has abated, and the ice is be- 
ginning to give up here. We will certainly get 
off on to-morrow or next day. All is enthusiasm 
here in respect to Texas. We had a meeting 
three nights ago at which upwards of 2,000 
attended and, after much applauded addresses 
from the commissioners, they unanimously and 
enthusiastically adopted resolutions lamenting the 
loss of Milam, pronouncing our cause a sacred 
ONE, and promising every countenance and as- 
sistance, now and at all times. If the war lasts 



LIFE OF HENRY SMITH. 293 

it is the opinion of the members of the legisla- 
ture, which is now in session here, that Ten- 
nessee alone will furnish 5,000 volunteers. Several 
of the members will start to Texas with com- 
panies immediately on the adjournment, which 
will take place on the 22nd of February, this 
month. 

At our meeting the other night, a letter was 
drawn up by some of the young men of this 
town expressing a wish to go to Texas, and desir- 
ing the meeting to furnish them the means of 
so doing. The ladies of Nashville immediately 
pledged themselves to arm and equip a company 
of 200. They organized themselves, appointed 
a committee, and thirty young men have en- 
rolled themselves. It is thought that the ladies 
of this town will despatch a company of 100 in 
five or six weeks. For this patriotic conduct they 
deserve the admiration of the world and the 
eternal gratitude of Texas. A vote of thanks 
should also be tendered to H. R. W. Hill, of this 
place, who has given more than $5,000, who has 
directed all the steamboats to charge to him the 
passages of all the volunteers for Texas, and has 
l)ound himself to advance everything necessary 
here to facilitate the removal of volunteers. 



294 LIFE OF HENRY SMITH. 

We have constituted him agent for Texas and 
you will please address him as such. Do have a 
vote of thanks tendered him and the ladies too, 
if possible. Enclosed I send you the correspond- 
ence between us. Also an article signed 
"Patriot;" also some editorial comments on the 
meeting, and I also send you my pamphlet, 
"Cur tins," which has been universally and 
enthusiastically admired and pronounced the 
best thing that could have been done for Texas, 
inasmuch as it convinces the intelligent of the 
justice of our cause. I also send you a copy of 
the ordinance for raising volunteers. The design 
you will understand to be Hercules killing the 
hydra. The monster has two heads, one repre 
senting tyranny and the other priestcraft. The 
man with the club represents the people of 
Texas beating off the heads and the other man, 
with the hot, iron represents our friends of the 
United States cauterizing the place and preventing 
the heads from growing again. The emblem is 
thought to be a happy hit. I have sent one of 
my Curtius pamphlets to the president, vice- 
president and every senator and representative 
in congress. 

We have twenty or thirty of the ablest men 
busily operating for us at Washington. It has 



LIFE OF HENRY SMITH. 295 

been a great misfortune that the rivers have been 
frozen and the roads impassable so as to prevent 
our progress. My health, too, has confined me to 
my room. We will start to-morrow to a certainty, 
but it is yet more than doubtful whether we can 
ascend the Ohio. Accounts from Louisville, four 
days ago, represent it as passable on the ice. It 
is thought by the ablest financiers here that we 
can raise all the money we want, in two ways. 
First by issuing scrip calling for from 160 to 640 
acres of land, to be rated at $1.00 per acre. Let 
this scrip be placed in the hands of the different 
Texas agents, each purchaser paying $1.00 an 
acre in cash for what he buys, to select the land 
when the offices are opened. It might be well to 
give an option to the holder of the scrip, to 
demand his money of the government at the 
end of five years, with 6 per cent, interest, if he 
did not choose to take the land. This, I think, 
would be best, and in this way a sufficient sum 
can be raised. This enables a man having $160 
which he wishes to invest, to do so. The other 
p]an of borrowing, places us at the mercy of 
large capitalists alone. Second, the other plan 
proposed is for Texas to issue treasury notes bear- 
ing 5 per cent, interest, redeemable in five, ten, or 
fifteen years. Our fiend and agent, Mr. Hill, .. 



296 LIFE OF HENRY SMITH* 

has offered to take $50,000 of such treasury 
notes. We commissioners have no power to 
issue scrip or treasury notes, and I here present 
the subject for the consideration of the next 
convention, hoping they will act on it promptly. 
Either of these plans will, I think, answer all 
purposes. We must also, in my opinion, have a 
bank, the capital to be raised on the pledged real 
estate of the stockholders. Let it be an individ- 
ual business, and for God's sake let the govern- 
ment own no stock or have anything to do with 
it, except to watch over and see it honestly con- 
ducted. The printed enclosures I wish you to 
have printed in Texas and also such parts of the 
letter as are in your judgment, suitable. 

Recollect, I write to you freely and often 
use expressions which, if published, would justly 
lay me liable to the charge of vanity. Don't get 
me into a scrape of this kind. 

Yours truly, 
Wm. H. Wharton. 

P. S. My child is dangerously sick with a 
cold, which is violently epidemic here. Write 
to me often, privately. 

I am the author of the enclosed article 
^^igned "Patriot." Wharton. 



LIFE OF HENRY SMITH. 297 

[The child referred to, the only one Mr. 
Wharton ever had, subsequently became Majer 
General John A. Wharton, of the Confederate 
army, who lost his life in Houston at the close of 
the war in 1865, and whose wife and only child, 
a lovely little daughter, subsequently died. John 
A. Wharton, styled ''the keenest blade of San 
Jacinto," died unmarried in 1838— his brother, 
William H., in 1839, and his widow many years 
Ij^ter— so that this brilliant family of patriots is 
extinct in Texas.]— The Author. 

The following is a copy of the letter of Mr. 
H. R W. Hill, accompanying the donation of 
15,000. 

Nashville, Nov. 19, 1835 
To Oeorge C. Childress, Esq. 

Dear Sir. — Enclosed you will find my bill 
of exchange on N. & J. Dick & Co., of New 
Orleans for five thousand dollars, payable to your 
order. On your return to Texas should you find 
the friends to liberty of conscience oppressed, 
fighting for their homes and that republican 
form of government they were induced to be- 
lieve they w^ould enjoy when they left the land 
of freedom, I wish you to place the above sum 
in the hands of those in authority, with my 
prayers for their success. Should they fail to 



298 LIFE OF HENRY SMITH. 

gain their liberty, 1 shall never regret the loss 
of the money. Should, however, the God of 
Heaven own the struggle, which I believe he 
will, I leave it with the government to set apart 
a piece of land, equal to the sum furnished, 
provided a republican form of government is 
established. If a tyranical or dictatorial govern- 
ment is formed I do not wish my children to in 
herit any part of the soil. 

Having entire confidence in your judgment, 
as to my views, I leave the matter entirely with 
you. May God bless you. 

Your friend, 
H. R. W. Hill. 

With peculiar interest, pride — almost rever- 
ence — we hold in hand a letter penned by the 
gifted and beloved wife of Wm. H. Wharton to 
Governor Smith. It needs no comment. 

Nashville, Tenn., March 26, 1836. 
To his Excellency Henry Smith : 

Dear Friend. — 1 am extremely proud in 
being able to acknowledge the receipt of a letter 
from your honored self, the contents of which 
filled me with great mortification and astonish- 
ment? To think a people so blessed as the 
Texians with climate, soil and many other nat- 
ural advantages, should be disposed to throw any 



LIFE OF HENRY SMITH. 299 

obstacles in the way of ol)taining thetr liberty, 
without which all other blessings are rendered 
naught ! I cannot conjecture what can be their 
object. Is it pecuniary ? Common sense would 
teach them that their property, whatever it 
might consist in, would be worth many times as 
much under a settled government. 

I hope by this time you have declared your 
independence. If so, all is well, for you will 
then have the support and sympathy of this 
country, with which and a just cause, we have 
nothing to fear. I feel every confidence that 
Texas is destined soon to be a great and happy 
country. 

I congratulate you on the happiness that you 
will enjoy in your old age, (should you be thus 
blessed), in reflecting on your being greatly in- 
strumental in securing the liberties of a great 
and happy people. 

You have doubtless heard of the arrival 
of Senor Gorostiza, Envoy Extraoi-dinary and 
Minister Plenipotentiary from Mexico to these 
United States. This is a special mission, which 
will not in any way interfere with the Minister 
of Mexico, resident in Washington, as the envoy 
himself asserts. I enclose you three numbers of 
"Curtius." They were written by Mr. Wharton 
and they will show you his feelings on the subject 



300 LIFE OF HENRY SMITH. 

If the convention should be so bUnd to their 
own interests as not to declare independence, 
would it not be well to recall the commissioners ? 
They would go home armed with so many pow- 
erful proofs of the necessity that it would at once 
insure it, and what can they do here without a 
declaratrion ! 

1 regret to learn that Col. Austin's politics 
have had such a bad effect. I am more charita- 
ble towards him than you are. I attribute it 
more to a want of moral courage than baseness 
of principle. You w^ould be astonished to see how 
wafl'm he now is for independence. 

Where is brother John (A. Wharton?) I 
have never heard a word from him since we 
parted. If you should see my brothers (Ja^'ed 
E. and Leonard W. Groce,) tell them I have 
never heard a word from them, excepting 
through oUiers. 

I would be much gratified to hear from you 
often and fully, for I am a devoted friend of 
Texas. ***** 

Yours respectfully, 
Sarah A. Wharton. 

[Mrs. Wharton was tlie only daughter of 
Jared Groce, the first planter to raise cotton on 



LIFE OF HENRY SMITH. 301 

the BrazOs in 1822, whose home, in the revokition, 
was known as "Groce's Retreat," near the present 
town of Hempstead.] 

From Governor Smith's address to the people 
of Texas. 

Executive Department, March -2, 1836, 

•'TEXAS EXPECTS EVERY MAN TO DO HIS DUTY."' 

Fellow Citizens of Texas. — The enemy are 
upon us. A strong force surrounds the walls of 
the Alamo, and threatens that garrison with the 
sword. Our country imperiously demands the 
service of every patriotic arm ; and, longer to 
continue in a state of apathy will be criminal. 
Citizens of Texas, descendants of Washington ! 
Awake ! Arouse yourselves ! ! The question is 
now to be decided, are we now to continue free 
men, or bow beneath the rod of military disposi- 
tion? Shall we, without a struggle, sacrifice our 
fortunes, our liberties and our lives, or shall we 
imitate the example of our forefathers and hurl 
destruction on the heads of our oppressors ? The 
eyes of the world are upon us. All friends of 
liberty and the rights of men are anxious specta- 
tors of our conflict, or are enlisted in our cause. 
Shall we disappoint their hopes and exj^ectations I 
No! Let us at once fly to arms, march to the 
battle field, meet the foe, and give renewed 



302 LIFE OF HENRY SMITH. 

evidence to the world that the arms of freemen, 
uphfted in defence of their hberties and rights, 
are irresistible. Now is the day and now is the 
hour, when Texas expects every man to do his 
duty. Let us show ourselves worthy to be free 
and we shall be free. 

Henry Smith, 

Governor. 

The remnant of the council continued to 
meet without a quorum and on February 16th 
they adjourned to meet in Washington on the 
22nd, graciously requesting their chief and 
other real officers of tne government to remove 
thither. After the 16th their journals make no 
pretense of a quorum until the 11th of March, 
nine days after the convention had declared 
Texas to be a Free, Sovereign and Independent 
Republic, and on that day they admit in their 
dying breath, in their communication to the 
convention, (as will be seen farther on,) and on 
the day of their adjournment, sine die, tha". they 
had never had a quorum since the 18th of Jan- 
uary. In truth they had none when they pre- 
tended to depose Governor Smith, nor afterwards 
What a commentary. And what a vindication 
of the incorruptible governor ! 



LITE OF HENRY SMITH. 303 

On the night of February 26th, came the first 
announcement of the siege of the Alamo, in the 
following dispatch from Travis. The original of 
this document, in the bold chirography of the 
immortal patriot, has been the property of this 
writer for more than forty years and for many 
years has been framed for its preservation. 

COMMANDANCY OF BeXAR, 
Feb. 23, 3 o'clock p. m., 1836. 

To Andrew Pmton, Judge, and the Citizens of 

Gonzales : 

"The enemy in large force is in sight. 
We want men and provisions. Send them to us. 
We have 150 men and are determined to defend 
the Alamo to the last. Give us assistance. 

W. B. Travis, 
Lieut-Col. Commanding. 

P. S. Send an express to San Felipe with 
the news, night and day." Travis. 

Immediately on receipt of the dispatch 
Governor Smith had it printed in hand bill with 
the following : 

APPEAL TO THE PEOPLE OF TEXAS ! 

Fellow Citizens and Countrymen. — The fore- 
going official communication from Col. Travis, 
now in command at Bexar, needs no comment. 
The garrison, composed of only 150 Amtn-icans, 



304 LIFE OF HENRY SMITH. 

engaged in a deadly conflict with 1000 of the 
mereenary troops of the Dictator, who are daily 
receiving reinforcements, should be a sufficient 
call upon you without saying more. 

However secure, however fortunate, our 
garrison may be, they have not the provisions 
nor the ammunition to stand more than a thirty 
days siege at farthest. 

I call upon you as an officer, I implore you 
as a man, to fly to the aid of your besieged coun- 
trymen and not permit them to be massacred by 
a mercenary foe. 

I slight none! The call is upon all who 
are able to bear arms, to rally without one 
moment's delay, or in fifteen days the heart of 
Texas will be the seat of war. This is not 
imaginary. The enemy from 6000 to 8000 strong, 
are on our border and rapidly moving by forced 
marches for the colonies. 

The campaign has commenced. We must 
promptly meet the enemy or all will be lost. 
Do you possess honor? Suffer it not to be in- 
sulted or tarnished ! Do you ]>ossess patriotism ? 
Evince it by your bold, prompt and manly 
action. If you possess even humanity, you will 



LIFE OF HENRY SMITH. 305 

rally without a moment's delay to the aid of 
your besieged countrymen. 

Henry Smith, 

Feb. 27, 1836. Governor. 

On the 29th, General Sam Houston and 
John Forbes, commissioners to the Cherokee and 
associate Indians, reported as follows : 

Washington, February 29, 1836. 
To rds Excellency, Henry Smith, Governor of 

Texas : 

Sir. — In accordance with a commission 
issued by your Excellency dated the 28th day of 
December, 1835, the undersigned commissioners, 
in the absence of John Cameron, Esquire, one 
of the commissioners named in the above men- 
tioned instrument, most respectfully report : 

That after safficient notice being given to 

the different tribes named in the commission, a 

trea-ty was held at the house of John , 

one of the tribe of Cherokee Indians. 

****** 

The commissioners would also suggest to 
your Excellency that titles should be granted to 
such actual settlers cis are now within the desig- 
nated boundaries,- and that they should receive a 
fair remuneration for their improvements and 
the expenses attendant upon the exchange, in 
lands or other equivalent. 



306 LIFE OF HENRY SMITH. 

It will also be remembered by your Excel- 
lency that the surrender by the government of 
the lands to which the Indians may have had 
any claims is nearly equivalent to that portion 
now alloted to them, and most respectfully 
suggest that they should be especially appropri- 
ated for the use of the government. 

They also respectfully call your attention to 
the folloAving remarks, viz : 

The state of excitement in which the Indians 
were first found by your commissioners rendered 
it impossible to commence a negotiation with 
them on the day first set apart for it. On the 
day succeeding, the treaty was opened. Some 
difficulty then occurred relative to the exchange 
of lands, which the commissioners proposed 
making for those now occupied by them, which 
was promptly rejected. The boundaries were 
those established as designated in the treaty 
alone, and that such measures should be adopted 
by your Excellency for their security as may be 
deemed necessary. 

9|c H( ^ H: Ht 4i 

The commissioners used every exertion to 
retain that portion of the territory for the 
usfe of the government, but an adherence 
to this would have had but one effect, viz : 



LIFE OF HENRY SMITH. 307 

that of defeating the treaty altogether. Under 
these circumstances the arrangement was made 
as now reported in the accompanying treaty. 
They would also suggest the importance of the 
salt wo^ks to the government and the necessity 
thftt th-ey should be kept for its use. 

The commissioners also endeavored to enlist 
the chiefs of the different tribes in the cause of 
the people of Texas, and suggested an enrolment 
of a force from them to act against our common 
enemy. In reply to which they informed us 
t hat the subject had not before been suggested to 
t hem. But a General Council should be held in 
the course of the present month, when their 
determination will be made known. 

The expenses attendant upon the treaty are 
comparatively light. A statement of which will 
be furnished to your Excellency. All of which 
is most respectfully submitted. 

Sam Houston, 
John Forbes. 

The convention assembled and promptly 
organized at Washington on the 1st day of 
March, 1836, by electing Richard Ellis, of Rtnl 
River, President, and H. S. Kimble Secretary, 
this being the first time that Red River was rep- 
resented in tlie councils of the countr \'. 



308 LIFE OF HENEY SMITH. 

On the 2nd of March the Declaration of 
Independence was unanimously adopted — then 
enrolled and signed on the 3rd. 

Governor Smith, the Lieutenant-Governor 
and remnant of the council had previously ar- 
rived. 

Governor Smith promptly submitted to the 
convention the following report : 

GOVERNOR SMITH TO THE CONVENTION. 

To the President and members of the Convention 

of the people of Texas. 

Gentlemen. — Called'to the gubernatorial chair 
by your suffrages at the last convention, I deem 
it a duty to lay before your honorable body a 
view, or outline, of what has transpired since 
your last meeting, respecting the progress and 
administration of the government placed under 
my charge, as created and contemplated by the 
Organic Law. 

The council, which was created to co-operate 
with me as the devisors of ways and means, 
having complied with all the duties assigned to 
them, by the 3rd article of the Organic Law, 
was adjourned on the Uth of January last, until 
the 1st of the present month 

The agents appointed by your body, to the 
United States, to contract a loan and perform 



LIFE OF HENRY SMITH. 309 

the duties of agents generally, have been 
despatched and are now actively employed in the 
discharge of their functions, in conformity with 
their instructions ; and, while at the city of New 
Orleans, contracted a loan under certain stipula- 
tions, which, together with their correspondence 
on that subject, are herewith submitted for your 
information and corresponding effects. 

The stipulations above alluded 'to, I consider 
a subject worthy of your immediate considera- 
tion and prompt action. It is confidently hoped 
that your honorable body will duly consider the 
matter in all its bearings, as it is immediately 
connected with the interests of the country. 
First impression may induce a belief that the 
stipulations would conflict, or be in their opera- 
tions detrimental to the interests of others who 
have introduced themselves as volunteer citizens, 
to aid Texas in her struggle for liberty ; but, on 
investigation, it will be found by the law, that 
the rights of others which have been acquired by 
their introduction previous to the date of tlic 
stipulations, would not be by their nitification, in 
the slightest degree infringed, and that every- 
thing on that subject would be fair and equi- 
table, as those holding under the stipulations 
would only hold their right and privilege from 
the date of the stipulation. 



310 LIFE OF HENRY SMITH. 

From the philanthropic donation of a single 
individual, H. R. W. Hill, Esq., of the city of 
Nashville, Tennessee, I have received a draft for 
the sum of five thousand dollars, by the hands 
of his friend, Geo. C. Childress, Esq., as a dona- 
tion to aid Texas in her struggle for liberty. 

This draft was drawn on time, and has beerj 
sent to the town of Brazoria for negotiation. 
Three thousand dollars have already been 
checked for and applied to the use of the army, 
and the balance will remain until negotiated 
The views and motives of the philanthropic donor 
will be more clearly understood by a reference to 
his letter addressed to his friend, Mr. Childress, 
which is herewith submitted. It is confidently 
hoped that the wishes of the donor may be com- 
plied with through the agency of his friend, and 
for the action of your honorable body, I have 
waited, v/ithout acknowledging the recept of his 
highly appreciated favor. 

Gen. Sam Houston, Col. John Forbes and 
Dr. Cameron were commissioned on the part of 
this government to treat with the Cherokee 
Indians and their associate bands, in conformity 
with the declaration of the convention in Novem- 
ber last, who have performed their labors as far 
as circumstances would permit, which is ajsc 



LIFE OF HENRY SMITH. 311 

submitted to the consideration of your body. 
Our naval preparations are in a state of forward- 
ness The schooners of war, Liberty and 
Invincible, have been placed under the command 
of efficient officers and are now on duty, and the 
schooners of war. Independence and Brutus, are 
daily expected on our coast from New Orleans, 
which will fill out our navy as contemplated by 
law. Our agents have also made arrangements 
for a steamboat, which may soon be expected, 
calculated to run between New Orleans and our 
sea ports, and operate as circumstances shall 
direct it. Arrangements have been made by 
law for the organization of the militia, but with 
very few exceptions returns have not been made 
as was contemplated, so that the plan resorted 
to seems to have proved ineffectual. 

The postoffice department, which has been 
placed under the control of a postmaster-general, 
has been extended in its operations to a consid- 
erable extent, and probably as far as our limited 
means will at present justify. It may, however, 
be anticipated, owing to many circumstances, 
that the revenue arising 'from it at present will 
not be sufficient to justify either its extension or 
usefulness to be increased, or to even keep up the 
different mail routes already contracted for, 



312 LIFE OF HENRY SMITH. 

without a suitable appropriation be made for that 
special purpose, which has so far been neglected 
by the General Council. The 14th article of the 
Organic Law, requiring all land oftices to be 
closed, and the archives belonging to the same 
to be deposited in safe places, secure from the 
ravages of fire, and devastation of enemies, has 
not been carried into effect, notwithstanding 
every means, other than a resort to arms, have 
been used on my part to put an end to the 
further location of lands until the land offices 
should be properly systematized under the com- 
petent authority. This is a subject which I deem 
worthy of the most serious consideration of your 
body, and your prompt and efficient action on it. 
is absolutely necessary, otherwise much dissatis- 
faction and confusion may be expected to ensue, 
inasmuch as volunteer troops who have been, 
and many of whom still remain on the frontier, 
consider their rights are not protected, and have 
only been consoled and kept quiet by the prom- 
ises that your body would soon be in session, and 
properly secure their rights in that particular. 

The military department has been but par 
tially organized, and for want of means in a 
pecuniary point of view, the recruiting service 
has not progressed to any great extent, nor can 



LIFE OF HENRY SMITH. 313 

it be expected, until that embarrassment can be 
removed. 

Our volunteer army on the frontier has 
been kept under continual excitement and 
thrown into confusion owing to the improvident 
acts of the General Council by their infringe- 
ments upon the prerogative of the commander- 
in-chief, by passing resoulutions, ordinances and 
making appointments, &c., which in their prac- 
tical effect, were calculated, in an eminent 
degree, to thwart everything like systematic 
organization in that department. 

Nothing as yet has been done towards forti- 
fying our sea coast, and until we can be supplied 
with the necessary means to raise recruits to our 
regular army, it will be found very difficult to 
erect the necessary fortifications, or even to keep 
up the garrisons already taken from the enemy. 

The offices of auditor and controller of pub 
lie accounts, have some time since been created 
and filled, but what amount of claims have been 
passed against the government I am not advised, 
as no report has yet been made to my office ; but 
of one thing I am certain, that many claims have 
been passed for which the govei-ament in justice, 
should not be bound or chargeable. The General 
Council has tenaciously held on to a. controlling 



314 LIFE OF HENRY SMITH. 

power over these offices, and forced accounts 
through them contrary to justice and good faith, 
and for which evil, I have never yet been able to 
find a remedy ; and if such a state of things 
shall be continued long, the public debt will soon 
be increased to an amount beyond all reasonable 
conception. 

With a fervent and anxious desire that you r 
deliberations may be fraught with that unity of 
feeling and harmony of action, so desirable and 
necessary to quiet and settle the disturbed and 
distracted interests of the country, and that you;- 
final conclusions may answer the full expects: 
tions of the people at home and abroad : 

I subscribe myself with sentiments of the 
highest regard and consideration, 

Your obedient servant, 
Henry Smith, 
Governor. 

On the 4th a committee of the convention 
called upon the few^ members of the council 
present and requested that all their papers and 
lecords be delivered to that body. This did nol 
meet the views of those individuals, as shown in 
their communication of the 8tli, as follows ; 



LIFR OF HENRY SMITH. 315 

To the Honorable the President and Members of 

tlie Convention. 

"The undersigned, members of the General 
Council of the Pi-o vision;',! (lovernment, have 
understood from some sources, that the verbal 
notice given us a few daj^s smce, by a committee 
of your honorable body, that the convention was 
organized, was deemed a sufficient announce- 
ment that the powers of the Provisional govern- 
ment had ceased. Tliis, from our understanding 
of the Organic Law, we did not tliink to be the 
case, nor that we could be relieved, without 
some declaration on the part of the convention. 
Accordingly we replied verbally to 3^our com- 
mittee, that we were ready to surrender the 
archives of the council into the hands of a com- 
mittee, or any authority acting as a gos^ernment, 
provisionally or otherwise. The unfortunate 
difficulties that arose between the different 
branches of the ProNisional Government, of 
which it is unnectssary to speak at this time, in 
some measure criiiplcd its operations and pre- 
vented it from adiii.i;' with that energy so neces- 
sary in a crisis like ilic present. This state of 
things we ex])<'cl(M| woiih! nnhice the convention 
to organize iiinii('(li;itil\ some temporary au- 
thoi-ity to meel tlie [)resfiit exiiicnc'es of the 
countrv. 



316 LIFE OF HENRY SMITH. 

We could not suppose that the convention 
superseded the Provisional Government, without 
some declaration on their part of such fact. If it 
is so deemed by your honorable body or if any 
authority is designated to receive the archives, 
we shall be ready to deliver them, and return 
with pleasure to our homes and the field." 

The remnant continued to meet daily with- 
out a quorum till March 1 1th, on which day the 
secretary of the convention presented to them 
the following resolutions adopted by that plenary 
representation of the people. The resolutions of 
the convention were introduced in that body by 
General Thomas J. Rusk and adopted as follows: 

Resolved, "That the late Governor Henry 
Smith, the late Lieutenant-Governor James W. 
Robinson, and the late council, the late treasurer, 
the late auditor and comptroller of Public Ac- 
counts be requested to deliver to this house, all 
the books, papers, journals, correspondence, con- 
tracts, laws and all other papers connected with 
or relating to their several offices. 

Resolved, That the secretary of this house 
make and hand fortliwith to each of the afore 
mentione 1 individuals a copy of this rejsolution, 
and request of them the books and papers re- 
ferred to." 

H. S. Kimball, Sec. 



LIFE OF HENRY SMITH. 31 7 

Governor Smith promptly and joyfully sur- 
rendered his authority to the convention of the 
people, in the highest degree exhilarated by his 
triumphant vindication through the unanimous 
declaration of independence and popular ap- 
proval of his course from all parts of the coun- 
try. The remnant, however, sent in a farewell 
to the convention in the following words : 

To the Honorable Convention : 

The undersigned members of the General 
Council present, acknowledge the receipt by the 
hand of your secretary, of a resolution of your 
honorable body, requesting the archives of the 
General Council. In reply we have to say that 
they are at your disposal. From an examination 
of them it will be seen that the necessary laws 
have been passed to prepare the country for a 
vigorous defense against her enemies, and for 
the legulation of our civil affairs, which, if prop- 
erly executed, will be sufficient to meet the wants 
of the country until a new organization takes 
place, under the constitution to be framed by 
your body. Since the 18th day of January last 
there has not been a quorum of the council 
present. Previous to that date however, (foresee- 
ing that such an event might happen), resolu- 
tions by the council were passed dividing the 



:^.18 LIFE OF HENRY SMITH. 

members that might remain into committees, 
for the iuiri:)ose of advising the Executive, as 
required by the Organic Law, and transacting 
such business as miglit be of pressing importance, 
such as fining vacancies in offices, providing 
exprefe'^es, advising instructions to agents and to 
miht'ary officers, &c., copies of all which will be 
found in the Executive office. 

The secretary of tlie council has directions 
to deliver the archives, at any time when called 
for. He has been for some time past transcribing 
the journals into a book for more convenient 
reference and their safe preservation, a matter 
that has been delayed for want of stationery. 
He will, if permitted to have access to them for 
a few days, complete the work without an}' 
charge to the government. 

Your obedient servants. 

They then entered on their journals this last 
resolution : 

Resolved, That, inasmuch as the convention 
has assumed to itself tlie powers of a govern- 
uioiit, and made a demand for the archives of 
this b()(]y, we deem it a duty to yield to that 
call, and surrender our trust into their hands, 
although not in accordance with the provision.^ 
of the Organic Law; yet we are confident that 



LTFF. OF MFXKV SMITH. 31.9 

an apoloo-y for this course will ])e fonnd in the 
present disti'acted state of ])ublic affairs, and a 
wish on our part to do all in oui- ])ower to j^'o- 
mote union and concert of action in the defence 
of our beloved country against he? merciless in- 
vaders 

^¥liereupon the remnant of the council ad- 
journed sine die— some of them never again to 
hold public trust at the hands of the people. 
This remark is believed to be true with regard to 
all of the little handful who originated the war- 
fare on Governor Smith. But let this remark 
not be misunderstood. A considerable majority 
of those who, from first to last, served in the 
council, were patriotic men, and afterwards en- 
joyed public confidence- Those wiio participated 
in the war on the governoi* and concocted the 
schemes deemed by him to bo pernicious, hardly 
constituted a third of the whole number who 
served, and they doubtless misled others who 
desired to serve the country faithfully. This 
remark eminently applies to several taking part 
in this contest, who were pure and patriotic men 
and who, it is reasonable to suppose, were, at the 
most critical period of the quarrel, influenced by 
the bitter invectives of the irate Governor. Of 
diplomacy Governor Smith knew nothing. It 



320 LIFE OF HENRY SMITH. 

was contrary to his nature. His frankness 
made enemies of some. His attachments were 
strong; yet no man was more prompt in con- 
doning a personal wrong to himself, unless he 
l)eneved it sprang from a bad heart. But with 
him a wrong to his country by a public servant 
was unpardonable. He believed certain men in 
the council and some of their tools outside w^ere 
such men and did not hesitate to say so. 

It will be seen that the convention distinctly 
recognized Henry Smith as the Governor up to 
the last moment and Robinson only as Lieuten- 
ant-Governor, and from this conclusive action of 
the plenary body which declared Texas an Inde- 
pendent Republic history can make no appeal 
It must also be borne in mind that on the asseni 
blage of the convention, neither the committee 
( )f the council appointed for that purpose nor any 
member of that body, ventured to present to the 
newly elected representatives of the people their 
charges against Governor Smith, or in any man- 
ner ask his trial. The letters of Cols. Wm. 
Ward and Wm. G. Hill to them and the general 
tone of pul)lic sentiment, seem to have been 
sufficient admonition to them to avoid the humil- 
iation awaiting such a fnovement. 



LIFE OF HENRY SMITH. 321 

Governor Smith reiiiained in Wasliington, 
in consultation with members of the convention, 
till near the completion of its labors. 

On the 16th of March the convention enacted 
an ordinance providing for a government ad 
interim, to consist of a president, vice-president 
and cabinet, to serve until, under the constitu- 
tion, ,a general election for officers of the 
Republic and counties, could be held — an event 
that occurred the first Monday in Sept. following. 

On the 17th the constitution of the Republic 
was adopted, and on the morning of the 18th, 
being its last session, the convention completed 
its labors by electing the following ad interim 
officials : 

President, David G. Burnet; Vice-President. 
Lorenzo de Zavala ; Secretary of State, Samuel 
P. Carson ; Secretary of the Treasury, Bailey 
Hardeman ; Secretary of War, Thomas J. Rusk ; 
Secretary of the Navy, Robert Potter ; Attorney 
General, David Thomas. 

General Sam Houston had previously been 
elected Commander-in-chief of the armies of the 
new Republic, as he had been by the Consultation 
of the army under the Provisional Government. 
He had taken leave of the convention on the 7th 
and arrived at Gonzales at 4 p. m., ou the 11th, 



'^32 LIFE OF HENRY SMITH. 

and at once assumed command and proceeded 
to the organization of the volunteers there assem- 
bled. About twilight of the same day Anselmo 
Borgarra and another Mexican brought in the 
first intelligence of the fall of the Alamo;- but 
their statements were doubted and they were 
temporarily held in arrest, lest they might be 
spies. On the morning of the 13th General 
Houston dispatched Deaf Smith, Henry W. 
Karnes and Robert E. Handy to go near enough 
to San Antonio to ascertain the facts and return 
in three days. About twenty miles beyond Gon- 
zales they met Mrs. Dickinson, with her infant 
daughter, Sarn the negro servant of Col. Travis, 
and Ben, a free negro man servant of the Mexi- 
can Col. Juan N. AluKnite — the three former 
having been spared in the Slaughter — and who 
had been allowed to leave by Santa Anna. They, 
of course, confirmed the statements of the two 
Mexicans. Karnes hastened back with the news, 
reaching Gonzales about 9 o'clock that night, and 
this was the first authentic infoi-ination of the 
fall of the Alamo ever received l)y the soldiers or 
people of Texas. Mrs. Dickinson and party did 
not arrive till next day. 

Governor Smitli rejoined his family in the 
municipality of Brazoria, to tind the whole 



LIFE OF HENRY s:\rTTTT. 323 

country deserted and Ix'in.u' (Icscrtcd ]»y the in- 
habitants fleeing east, il^ ('()iis('(|ii(Mice of the 
advance of the Mexican ai-my on both 
the upper and lower routes. Fi'<iiii choice or 
necessity he delayed until it was too latt^ to move 
eastwardly beyond the Trinity He tiirally made 
an effort to cross his family on to Galveston 
Island at the west end and succeeded, or par- 
tially succeeded, about the time the battle of 
San Jacinto occurred, i mmed lately after learning 
which he retm-ned to his farm and endeavored 
to raise a crop, on which to subsist. 

On July 23, 1S3G, President Burnet, in fulfil- 
ment of his duties, issued a proclamation order- 
ing a general el(M-tion througliout the Republic 
for national and county otflcers — on the ratifica- 
tion of the constitution and on the question of 
annexation to tlie United States. The election 
was fixed for the first Monday in September, 
1836, and took place on that day. 

On the publication of this proclamation the 
friends of Governor Smith throughout large 
portions of the country, put forth his name as a 
candidate for president. Gen. Austin returned 
to Texas about the same time Cin June) and his 
name was put forth in like manner, as was 
also that of Gen. Sam Houston. Governor 



324 LIFE OF HENRY SMITH. 

Smith refused to be a candidate and urged his 
friends to support Gen. Houston. It was also 
contended that Gen. Austin's health incapacitated 
him for the grave responsibilities of the office, yet 
both gentlemen received a complimentary vote, 
while the chief vote was cast for Gen. Houston. 
Gen. Mirabeau B. Lamar was elected vice-presi- 
dent by a large majority. A full Senate and 
House of Representatives, to compose the first 
Congress of the Republic, were elected at the 
same time. 

President Burnet called this new and first 
Congress to meet at Columbia on the 3rd of 
October. The Congress assembled and organized 
on that day. 

On the 22nd of October, at the request of 
President Burnet, he was superceded by the in. 
stallation of Messrs Houston and Lamar as 
President and Vice-President. 

HOUSTON'S FIRST CABINET. 
Following his induction into office President 
Houston sent into the Senate for confirmation 
the following nominations for seats in his 
cabinet : 

For Secretary of State, Stephen Fuller 
Austin. 

For Secretary of the Treasury, Henry Smith. 



LIFE OF HENRY SMITH. 825 

For Secretary of War, Thomas J. Rusk. 

For Secretary of the Navy, S. Rhoads Fisher. 

For Attorney General, J. Pinckney Hen- 
derson : 

All of whom were confirmed, but Governor 
Smith was the only one who served through the 
whole presidential term. The subjoined corres- 
pondence will show with what reluctance he 

again assumed official duties. 

Columbia, October 28, 1836. 

Honorable Henry Smith. 

Dear Sir. — I take pleasure in announcing 
to you the confirmation of your nomination to 
the appointment of Secretary of the Treasury 
of the Republic, by the Senate. 

Should you accept the same you will indicate 
your determination by repairing to this place 
and entering on the duties of your appointment. 

I have the honor to be 

Your obedient servant, 
Sam Houston. 
Governor Smith, in opposition to his personal 
inclination, accepted the appointment. 

LETTERS to SECRETARY SMITH FROM WM. H. WHAR- 
TON, MINISTER TO THE UNITED STATES. 

Washington, D. C, Feb. 7, 1837. 
[private.] 
My Dear Sir. — Under this date 1 have ad 
dressed you an official note in relation to m}' 



'6:H5 LIFE OF HENRY SMITH. 

drafts upon you as Secretary of the Treasury. 
I received your private letter by Mr. Catlett and 
am truly thankful for your evidence of a remem- 
brance of me, having received no other evidence 
of that kind from anybody in Texas since leav- 
ing, except Collingsworth and Gen. Henderson, 
with whom I hope you are well pleased, (that is 
in the cabinet). My dispatches to the govern- 
ment having been so frequent, minute and 
explicit, I deem it unnecessary to say much to 
you in regard to politics, inasmuch as you will 
have access to the dispatches. In them I have 
given not only my opinion, but my fears, my 
hopes and my conjectures. In the language of 
Of hello "I have spoken to you as I did ruminate 
and have given my worst of thoughts the worst 
of words." 

We have certainly been treated with great 
coolness and injustice thus far. An attempt to 
postpone the consideration of our claims has 
been industriously made for reasons assigned in 
my dispatches, to which I again refer you. Tlie\- 
are eight in number and very full. I still hope, 
however, that we will be recognized before this 
session is over. In my dispatches I have been 
compelled to speak freely of certain persons and 
political parties. A publication of them would 



LIFE OF :iENRT SMITH. 32 Y 

be very embarra ?sing at this time and will not, 
I trust, be thoui^iit (.f. It is my earnest wish to 
visit Texas alter the rising of Congress and I 
wish leave of absence for that purpose or to be 
allowed to resign. I 'have applied to the presi 
dent for this leave and if not granted I wish to 
resign. Notlung will be done here in the recess 
of Congress. 

My wife and child are in tolerably good 
health. Yours most truly, 

Wm. H. Wharton. 

SECRET AFtY SMITH TO H. R. W. HILL, NASHVILLE, 
TENNESSEE. 

Columbia, Texas, Jan. 15, 1837. 
Dear Friend. — I with pleasure acknowledge 
the receipt of the papers which you were kind 
enough to forward, and appreciate the feeling 
which pi'ompted your remarks, but aii:i sorry to 
say that we are not in that state of preparation 
to receive the enemy that I could wish, should 
they again have the temerity to make a descent. 
I. however, feel warranted in saying tli<^t unpre- 
pared as we may be, we will render a good 
account of our.selves. From our last advices it 
was ijot known that Santa Anna had been re- 
leased, nor the effect it inight have on the nation. 
WlxMhcr this will prove a good or \nx\ [)i)\\r\ 



328 LIFE OF HENRY SMITH. 

remains yet to be ascertained. Oar army at the 
last advices, in actual service, did not exceed 
1000 effective men ; so that our main dependenfje 
is on our militia and none can be more efficient 
when properly officered. 1 have every confidence, 
should another invading army make its appear- 
ance, that but few, if any, men of character will 
seek shelter across the Sabine. 

Few in number as we are, the Mexican 
Nation may annoy l)ut can never conquer or 
exterminate us, provided we are true to each 
other. 

I feel extremely anxious to hear from Wash- 
ington, and know our fate with that government 
— whether, as solicited, we are recognized and 
annexed, or either is a matter about which I feel 
much concerned. 

I did not have the pleasure of seeing or be- 
coming acquainted with the secret and confiden- 
tial agent sent by the president to examine and 
report respecting our situation and ability to 
t'xercise the civil functions. 

Our mutual friend will enclose you a draft 
on Messrs. Robison, Wood & Co., of your city, 
for $1000, drawn in my favor by Col. James 
Barrett, which you will please have negotiated. 



LITE OF HENRY SMITH. 329 

I herewith enclose you an advertisement 
which speaks for itself, which you will please be 
good enough to have published in the "True 
American," or such other paper in your city a^ 
may have the greatest circulation, and must beg 
permission to use your name as a reference. If 
it should meet your approbation, you will please 
insert it. Any trouble y<m may be at on my 
account will at all times be recij^rocated, and 
I will be glad to serve you in any way within 
my power. I am at a loss to know what 
papers in the different states may have the 
greatest circulation and must request you to fill 
out the list for me, by inserting in the memo- 
randum below the advertisement such papers as 
you may think would be most proper, published 
in New Orleans, Natchez, Louisville, Frankfort, 
(Ky.,) Cincinnati, Nashville, City of Washing- 
ton and any other Southern paper which you 
may deem important, as the South will probably 
liave the greatest interest. I am at a loss to 
knoH' how to have tlie publishing paid for. You 
will therefore please arrange that for me and 
retain it out of the di-jjft s])()k('n of above, or by 
drawing on R Mills i^ Co., Brazoria, and it will 
be immediately accouiniodated, as you may 



330 LIFE OF HENRY SMITH. 

direct. You will please attend to this immedi- 
ately, as it is important. 

!{£ S]S ^ ^ ^ 9|C 

Let me hear from you soon. With assur- 
ances of the highest regard and consideration. 

Henry Smith. 

WM. H. WHARTON TO SECEETARY SMITH. 

[private.] 
Washington, February 20, 1837. 
My Dear Sir. — I have only time to say a 
l)ci.s^iiig word before the closing of the mail, in 
answer to yours of the 7th ultimo, which has 
just come to hand. I will write more fully in a 
day or two. The great object of this is to pro- 
cure your aid in inducing President Houston to 
accept my resignation, which I have several 
liines tendered. Two ministers here at any time 
are unnecessary, and in the recess of Congress 
when nothing will be done, would bring us into 
merited contempt and burlesque. 

General Hunt is willing and anxious to re- 
main and 1 would not miss being at our next 
(Jougress on any account in the world For 
God's sake and my sake try and have my resig- 
nation accepted There shall be no difficulty 
about my outfit or delay. I will be satisfied with 
anything the government determines in this 



LIFE OF HENRY SMITH. 331 

respect. If tliey require me to refund every 
cent I have received, so be it. The committee 
on foreiij;-!! affairs of the lower House have re- 
ported in fa Vol' of our recognition and nothing 
but want of tiine will prevent the con •nri-ence of 
Congress. 1 will bring you tli > best l)ooks for 
your depaitnipiit that I can procure. 
My famil} are in tolerable health. 

Truly yours, 
Wm. H. Wharton. 

New Orleans, March 28, 1837. 
My Dear Sir. — I have been taken by surprise 
in the sailing of the Johannes, or I would write 
you more at 1 'Ugth. I have only time to say that 
the salvation of our country depends upon no 
further issue of treasury notes being made by 
our next Congress, and upon having all our cus- 
toms paid in cash, instead of being b )iided. I 
have published some articles on the subject, also 
your admirable letter, which h^ve had a happy 
effect. Aid Russell in getting a linme. His 
business is important Give Congress, at an 
early day, a full report of your views. 

Yours trul}", 
Wm. H. Wharton. 

Mr. Wharton's resignation being accepted 
he had left Washington for home, arriving in 



332 LIFE OF HENRY SMITH. 

New Orleans on the 20th of March. From there 
he sailed for Texas in the Schooner'of War, Inde- 
pendence, Capt. Wheelwright, with a crew of thir- 
ty-one men. About thirty miles off Velasco, on 
the 17th of Api-il, the Independence was attacked 
by the Mexican war brigs Libertador, carrying 
16 eigteen-pounders and 140 men, and Vincedor 
del Alamo, carrying 6 twelve and 1 eigh teen- 
pounder and 100 men. After a severe fight, in 
which the Texians acted most gallantly and 
Capt. Wheelwright was severely wounded, the 
Independence was captured and carried into 
Brazos Santiago, whence the prisoners were con- 
veyed to Matamoros and imprisoned. Learning 
this. Col. John A. A¥harton, with the president's 
permission, with thirty Mexican prisoners and a 
flag of truce, sailed for Matamoros to effect an 
exchange for his brother and the other captives, 
but, on landing, was seized and imprisoned. 
After an imprisonment of six days, he escaped 
and retur: e 1 home, his brother having escaped 
a few days before. 

Mrs. Wharton did not ivturn with her hus- 
l)and from Washington, and, oji the 1st of May, 
Governor Smith wrote her this letter : 



LIFE OF HENRY SMITH. 338 

Houston, May 1, 1837. 
Mrs. Sarah A. Wharton: 

Esteemed Friend. — Hearin<z,' that you would 
probably return home, by way of Mobile, I ad- 
dress you at that point in discharge of a duty, 
to which the suspense and anxiety in regard to 
the fate of your husband lends additional obliga 
tions. Fully realizing the emotions that reports 
would be calculated to produce on your mind, 1 
hasten to give you the earliest information of 
what has happened, in order that you may be at 
least partially relieved of the intense anxiety 
under which I know you must be laboring It was 
well known here that Mr. Wharton sailed from 
New Orleans in the Independence, with tlir 
schooner Julius Caesar under convoy. AfttT 
getting to sea, they received information tiia: 
our coast was certainly infested with Mexican 
armed vessels and that in all probability they 
would come in collision. Mr Wharton was 
therefore induced to quit the armed vessel and 
go on board the neutral merchantman, which 
was considered the best sailer. 

When the action commenced between the 
armed vessels the merchantman parted company 
and attempted lier escape, but was ultimately 
captured and taken into Matamoros. The result 



f^M LIFE OF HENRY SMITH. 

of the conflict between our armed vessels and 
the Mexican brigs has not yet been ascertained, 
but no doubt exists that she was either sunk or 
captured, and taken to Vera Cruz, This infor- 
mation, from a seemingly authentic source, has 
entirely relieved my own mind from anxiety or 
fears as to the ultimate fate of Mr. Wharton, 
and I confidently hope it will have a similar 
effect on your own. The worst that can be an- 
ticipated will be a short detention. Buptamente, 
who is now said to be in power, has recalled all 
the troops from our frontier and has resolved to 
have our difficulties amicably settled. All the 
Mexican prisoners here have been released and 
the same may be expected on their part. My 
own anxiety on that subject is now entirely 
relieved. And permit me, dear madam, to im- 
plore you not to despond. Look on the bright 
side of the picture. All will yet be well— Texas 
free and hapi)iness restored. Time will not 
permit me to detail passing events. Oar Congress- 
men are just arriving at the new city, and going 
into se.ssion, and, as yet, there is nothing of im- 
portance to communicate 

With sentiments of regard and considera- 
tion, I am very respecfuliy, youi* friend, 

Henry Smith. 



LIFE OF HENRY SMITH. 335 

The communications following' are of in- 
terest. 

GENERAL RUSK TO SECRETARY SMITH. 

Nacogdoches, May 19, 1837. 
Honorable Henry Smith. 

Dear Sir. — The situation of our office and 
the great inconvenience attending the transac- 
tion of business when I left Columbia last fall 
prevented my attending to the transacting of 
some business I had in the Treasury Depart nient. 
I had all along intended to go to Houston, during 
the present session, but my business is su('h that 
I cannot go, and, as I am anxious that the mat- 
ter should be arranged, I will thank you to 
inform me what course will be best to pursne ; 
whether to constitute an attorney there, or send 
the papers direct to you. The business is this: 
When the cabinet were leaving Washington, 
Bailey Hardeman, the Secretary of the Treasury, 
deposited in my hands $1,000, a small portion of 
which was expended under direction of the Pres- 
ident, and on his arrival at Harrisburg, I handed 
him the remainder and took Hardeman's receipt 
for it, which receipt and the other vouchers 1 
have. If you will have the kindness to inform 
me how I had best send them in ordei- to have 
the business settled I will be much obliged to you. 



336 LIFE OF HENRY SMITH. 

1 have also some other business. I received 
some money here, as agent of the Provisional 
Gov^ernment, wliich I expended in enhsting a 
company of regulars and enrolling and sending 
on volunteers. I have all the vcxichers for the 
expenditure, and if it could be arranged by send- 
ing down, I would be glad. I would like ex- 
tremely to hear from you, at a leisure moment, 
on general prospects, as they present themselves 
about the seat of government, as we receive very 
little news from that quarter. 

I am, sir, truly your friend, 

Thos. J. KUSK. 

The correspondence of Governor Smith, 
(luring his Secretaryship, though but partially 
accessible, is continued as of interest in connec- 
tion with his public career. 

SEOHETAJJY SMITH TO THE PRESIDENT. 

Treasury Department, ) 
Houston, .June, 21, 1837.) 

To His ExcelJenci/ Sniii. Houston, President. 

Respected Sir. — T nui satisfied that my ser- 
vices in tile (l(^])arlincnt, to whicli you have had 
th" goodness to call uic, cannot, under existing 
circumstaiuu^s, be i)i'o(hic[ive of im\' good to the 
public. It is a dul\' which I owe to myself, 
and more ]>ai-1iciilai]\' lo uiy family, if my 



LIFE OF HENRY SMITH. 337 

services cannot be usefully employed f(^r the 
public, that my attention to their interests should 
be paramount to all other considerations. 

It is, I presume, well known to your Excel- 
lency that for the last two or three years my 
time has been devoted principally to the services 
of the public to the total neglect of my pecuniar \ 
affairs, and being now well satisfied that my 
services in this department can neither be ren 
dered satisfactory nor creditable to myself, nor 
to the promotion of the ])ublic interest. I mus: 
beg permission to tender to you my resignation 

In asking permission to retire from your 
cabinet I assure you that I am influenced by no 
other motive than a sense of duty to myself and 
growing familj^ whose ])rospects in life depend 
entirely on my own individual exertions. 

Permit me, dear sir, to tender to you r - 
newed assurances of my higliest regard and 
consideration. Hknrv Smith, 

Secretary of Treasury. 

To this frank coinmunication Presiden 
Houston re})lied in tlic iol lowing flattering letter : 
City of Houston, June 21, 1837. 

My Dear' Sir. — Yonr note of this moi-ning 1 
have received, tendering yoin- I'esignation of the 
office of Secretary of the Treasury. 



338 LIFE OF HENRY SMITH. 

That y(ni should retire at this time would, in 
my humble opinion, be inauspicious to the in- 
terests of our country. Your steadfastness and 
integrity of character are calculated to inspire 
confidence in the community, and this is neces- 
sary to the success of our cause. Without 
national prosperity there can be no hope of indi- 
vidual hai)piness. 

That you have paternal ties which must 
operate powerfully I have no doubt, and that 
your life and attention to business (since I had 
first the pleasure of jour acquaintance) has 
been most patriotically devoted to the public 
service and interest, none can doubt. Then if 
you and Ihose in whom the people have confi- 
dence should resign, a want of confidence, if not 
despair, would seizo upon the public mind, and 
anarchy would be the consequence. 

That you had much to dishearten you in the 
course pursued by the last Congress, I am satis- 
fied most fully; but let us look out for better 
days and cherish the hope that the next Congress 
will adopt such measures as will save the country 
and redeem us from embarrassment. 

I pray that you will no longer entertain a 
conviction that you ought to retire, and at the 
first moment that business will permit, you can 



LIFE OF HENRY SMITH. 3S9 

j'etire to a sitiiatioii where sr^mc attention can 
l)e given to yonr famil>- i-elations and your 
liealth, without permitting: the total destrurtion of 
your private affairs or preju(Uce to tlie interests 
of the general welfare. 

You can appoint such clerks as you may de- 
sire to perform the duties in your office. I have 
the honor to be 

Your obedient servant and friend, 

Sam Houston. 
Honorable Henry Smith, Secretary of Treasury, 
To this Governor Smith responded : 

Treasury Department, \ 
Houston, June 21, 1887. j 

To His Excellency Sam Houston, President : 

Dear Sir. — Your polite and friendly note of 
to-day has been received and properly appre- 
ciated. I certainly feel grateful to you for your 
kind manifestation of confidence, &c But I must 
frankly acknowledge that you have left me in a 
very great dilemma. I feel extremely unwilling 
to disoblige or in the slightest degree to thwart 
your wishes or annoy you with personal or 
written applications on subjects which to you, in 
their nature and tendency, may be disagreeable. 
Circumstances, however, recjuire that I should 
leave this place immediately, at least for a time. 



840 LIFE OF HENRY SMITH. 

My clerk will be here in a few days and Major 
Brigham will attend to anything which may be 
necessary in the interim. 

I have contracted for the surveying of Gal- 
veston Island, and the surveyor left to-day to 
commence the w^ork. I will send the advertise- 
ment for the sale of the property to be published 
in New Orleans, by the Brig Houston, which is 
now in the Brazos River, and nothing shall be 
neglected which may properly belong to my 
department during my absence, which shall be 
as short as circumstances \vill permit. 

Hoping you will not censure or disapprove 
the course pursued by me in this case of absolute 
necessity, I subscribe myself. 

Ver}^ respectfully, 
Your obedient servant, 
Henry Smith. 
Secretary of Treasury. 
His resignation was not accepted, but he was 
granted a shoi-t leave of absence. 

HIS REPLY TO A RESOLUTION OF THE HOUSE. 

Treasury Department, ) 
City of Houston, Nov. 16, 1837. | 

O^ntlemen of the House of Representatives : 

In comi)liance with a i-esolution from your 
body, under date of the 15th inst., requiring me 



LIFE OF HENRY SMITH. 841 

to transmit a copy of my instructions to the 
collectors of the different ports, informing them 
that the promissory notes of the government, 
now being issued, could not be received for 
duties, together with my reasons for giving such 
instructions, I have the honor to say that, under 
date of the 5th of the present month, instructions 
were transmitted from this department to the 
collectors of the ports of Galveston, Brazos and 
Matagorda as follows : 

Dear Sir. — "I know that the opinion prevails, 
generally, that the promissory notes of the gov- 
ernment now being issued will be received for 
duties as well as all other public dues. This idea 
is, however, erroneous, as may be seen by the 
laws themselves. The Promissory Note Law 
passed on the 9th of June last, and the Tariff 
Law on the 12th and, being the last, the other 
could not effect it; and the revenues arising 
from impost duties, were especially appropriated 
for a particular object. You will therefore, in 
no case receive them for duties." 

Very respectfully, 
Henry Smith, 
Secretary of the Treasury. 

"On the 13th of the same month, His Excel- 
lency, the president, instructed me to counter- 



842 LIFE OF HENRY SMITH. 

mand the above order, which was done on the 
same day, by the following communication, being- 
transmitted to the same officers, severally, as 
follows :" 

Dear Sir. — "In my last communication made 
to both Houses of Congress, at an early period 
(^f tlie called session, I mentioned the conflict 
which I considered as existing in the provisions 
of certain laws, with a hope that they would 
take such action as the circumstances of the 
case seemed to require, which would not only 
have screened me from all conscientious scruples, 
but at the same time have relieved me from the 
disagreeable imputation of arbitrary misrule. 
At the first session of the General Congress, I 
urged that body to organize the department 
over which I preside by a law prescribing the 
general duties of the incumbent, which, however, 
was never done, and I have been left to infer, 
from analogy alone, what my proper duties as 
the head of that department should be, except 
where special acts of Congress have specified 
duties to be perfonned. And such special acts I 
liave endeavored to execute to the best of my 
ability. Thus sitnatrd, at the head of a depart- 
ment, without })r()i)er organization, or any law 
as a genera] i-ule of action, I have ever con- 



LIFE OF HENRY SMITH. 343 

sidered myself subject to the dictation of the 
Chief Executive, who was directly responsible, 
even if his opinions were in direct opposition to 
my own. 

On examination of the following laws passed 
at the last session, it will be seen that they so 
much conflict in their provisions, that under 
existing circumstances, they cannot all be ex- 
ecuted as contemplated by their provisions. 

The law for consolidating and funding the 
Public Debt, the Promissory Note Law and the 
Tariff, are the laws alluded to. It will be found 
that the law to fund, and the Promissory Note law 
passed anterior to the Tariff, and that the Tariff 
is specific in its provisions, requiring duties to be 
paid in gold^ silver or such current bank paper as 
the authorities should direct, and the proceeds 
arising from impost and tonnage duties were 
especially appropriated for the payment of the 
interest of the Funded Debt. 

Being charged specially with the execution 
of the Funding and Promissory Note Laws, and 
knowing that if a conflict in their provisions did 
not exist in fact, a forced construction of the 
Promissory Note Law would bring it about niid 
breed discontent and confusion, a circumstaiic 
in which I have not been disappointed, I deenii'd 



344 LIFE OF HENRY SMITH. 

it prudent to waive the execution of either until 
the present Congress should be in session and 
cure the evil. It was not my object to disobey 
cither law, but to preserve both, as one was 
obligatory upon the other. 

The Funding Law was the only provision 
made for the re1'-f of the mass of the public 
creditors, jukI, as 1 conceived, less onerous on the 
government than the other. 

I view it as a stand hig contract on the part 
of the government, for all public creditors who 
m'ght choose to accept its provisions, and an 
infringement made on the appropriations set 
apart for the payment of the interest as a breach 
of faith on the part of the government. I have 
been coerced into the execution of the Promissory 
Note Law, and hence the necessity, as I conceive, 
of issuing to the collectors the foregoing in 
hibitory order, for the protection of the Fund- 
ing Law, as it must be a matter clear and beyond 
a doubt that the Congress never did intend that 
the Promissory Notes of this government should 
l)r paid for interest on the Funded debt, as it 
would at once be raising it from ten to twenty 
per cent. 

It is extremely unpleasant to the public 
functionary to be required, in the discharge of 



LIFE OF HENRY SMITH. 845 

his duties, to execute laws so complex in their 
nature and provisions as not only to call down 
censure from the law makers themselves, but, 
at the same time, to create public excitement, 
and heap upon him the abuses and anathemas 
of the whole community. 

In issuing the foregoing inhibitor}" order, I 
conscientiously believed I was right, and acting in 
the lawful discharge of my duty. In issuing the 
countermand, which immediately followed, I 
also considered I was right, as I was ordered by 
my superior, who assumed the responsibility. 

The foregoing are submitted as the principle 
reasons which induced me to issue the orde^- 
referred to. 

Hoping they will prove satisfactory, I sub- 
scribe myself, gentlemen, 

Very respectfully. 
Your obedient servant, 

H?:ney Smith, 
Secretary of the Treasury " 
On motion of Mr. Rusk the communication 
was referred to the .committee on Ways and 
Means, 

On motion of Mi*. Rusk it was 
Resolved, "That the secretary of the treas- 
ury be requested to furnish this House witli the 



,",40 LIFE OF HENRT SMITH. 

reasons why he has not carried into effect the 
law authorizing the consohdation and funding of 
the Pubhc Debt, and also to report wliether or 
not any apphcations to fund have been made." 
The following is the answer of the secretary : 

"Treasury Department, \ 
GiTY OF Houston, Nov. 20, 1837. ) 

To the Honorable the Speaker and members of the 

House of Representatives. 

Gentlemen. — The resolution from your House 
under date of the 18th inst., has been received, 
and I hasten to comply with its requisitions. 

I am reiiuired by the resolution to furnish 
your body with the reasons why I have not car- 
ried into effect the law authorizing the consolida- 
tion and funding of the public debt. 

This plan was one of my own suggesting, 
and the original bill was drafted by myself, to 
gother with the revenue laws for its protection ; 
l)ut one of which, however, w^as sustained, and 
that underwent several alterations and amend- 
ments, which materially altered it from the orig- 
inal presented. 

Owing to the funding system not being well 
nnd(M"stood I had much difficulty in procuring 
tlie ])assage of the law at tiie last session, and 
am too well satisfied of its beneficial results. 



♦ LIFIC OF HENRY .SMITH. 347 

both to government and creditor.s, to have the 
least disposition to abandon it. 

In two previous communications to your 
House I have adverted to the substantive reasons 
which have induced me to delay its execution, in 
terms, as I conceived, not to bo misunderstood. 
Ever williiio-, howevei-, to account satisfactorily 
for any seeming neglect of official duty, I give 
the following as the last though not the only 
reason why that law has been delayed in its 
execution. Tivo dif event bills have been sent to 
New Orleans, for suitable and iiecessarij sta- 
tionery to be used for that and oilier public pur 
poses, neither of which has been filled, for reasons 
easily imagined Suitable materials cannot be 
procured in the country, and, being .satisfied that 
the present Congress would not probably take 
any action calculated to protect that law in its 
provisions and special appropriations I, sonic 
days since, issued the necessary order to tlu> 
General Stock Commissioner to use such material 
as could be procured here, and the law is now 
being executed ; leaving the suitable and iieces- 
sary appropriations for the interest accruing to 
be made by the present or some subsecpieiit 
Congress. 



348 LIFE OF HENRY SMITH. ' 

To the inquiry made "whether any applica- 
tion had been made to fund," I reply that many 
have been made, and no doubt exists in my mind 
that the public creditors will willingly avail 
themselves of the advantages and inducements 
held out in the law, and that the great mass of 
public liabilities will be funded as soon as cir- 
cumstances will permit, as the law will be 
executed in strict accordance with its provisions. 
No injury has resulted either to the government 
or creditors by the delay in its execution. 

Hoping my responses to your enquiries may 
prove satisfactory, I subscribe myself, 
Your obedient servant, 

Henry Smith, 
Secretary of the Treasury. 
On motion of Mr. Gazley the communication 
was referred to the committee of Ways and 
Means. 

NATHANIEL TOWNSEND TO SECRET AKY SMITH. 

New Orleans, Dec. 14, 1837. 
Honorable Henry Smith : 

Dear Sir. — Last August or September a year 
since, I executed my bond in favor of David G. 
Burnet, President of the Republic of Texas, in 
the hope that some fimds might in this way be 
raised for the use of the government. 1 have 



LIFE OF HENRY s:\rTTIT. 340 

understood they were not used by ttie govern- 
ment, and as your department is the proper 
deposit for them or an account of them, I would 
be greatly indebted to you if you will avail your- 
self of the first leisure moment to advise me 
where my bond is to be found. The prospects of 
Texas are evidently brightening in th^ United 
States and a deep and almost universal interest 
appears to be felt in her prosperity. 

I am rejoiced at the stand you have assinned. 
in regard to the financial departmont, and I trust 
in God, our Congress may adopt youi- sugges- 
tions, or at least a course calculated to establish 
the faith and credit of the government on a firm 
basis abroad. If they do not soon, I fear the 
consequences will be very disastrous to the 
country. 

I am constantly occupied at my office and 
mostly in givmg such information as it is in my 
])ower to afford to those desirous of emigrating 
thereto; but, unfortunately, I am lamentabl}' in 
the dark in regard to what has occurred, or 
what laws have been enacted since my departure 
from Texas, as I have not received any of them, 
although I have written the department of State 
several times very urgently on this subject, and 
pressed upon it the importance, as I conceived, 



350 LIFE OF HENRY SMITH. 

of my being placed in possession of authentic 
intelligence by the earliest possible opportunity. 
I am laboring assiduously and to little purpose 
as it regards pecuniary compensation, and I hope 
it will be in the power of the government, as 
well as in the path of her duty and interest, to 
adopt some course at her ports of entry whereby 
a sufficiency^ may be thrown into my hands to 
defray expenses of ooard and office rent at least. 
At present my receipts will barely pay postage. 
I should think the government would eventually 
find it necessary to require all shippers to exhibit 
their invoices at the port of shipment to the 
consul, therein specifying tho marks, numbers, 
packages and description of goods, with their 
actual value, and that the shipper be required to 
make oath to this and obtain the consular cer- 
tificate thereto. This, in connection with the 
clearance of the vessel, all of which must be 
necessarily exhibited to the revenue officer, wouLl 
be an effectual check to the embezzlement of 
merchandise and protect thegoverinnent again.- 1 
frauds upon her revenue, which will sooner o:- 
later be practiced, if measures are not adopted to 
prevent it. I shall at all times be liappy to hear 
from you and render you any service in my 



LIFE OF HENRY SMITH. 351 

power, and hoping you will take my remarks 
in a spirit of kindness as they are written, 
I remain my dear sir, 
Your very obedient servant, 
Nathaniel Tow^nsND. 

LETTER FROM MR. C. P. GREEN. 

New Orleans, Jan. ii>, is.ss. 
Hodorable Henrjj Smith, Secretary of Trsasurfj : 
Dear Sir.— I readied this place on the Stli 
inst. On the following- day I called on Mr 
Hodge, President of the Orlt^ans Bank, whom I 
understand had been em])ioyed to have tlie 
treasury notes engraved, who informed me that 
he had ordered $500,000 struck, but referred me 
to John R. Allen, who had represented the busi 
ness in Philadelphia, aiid who also informed nir 
that they were engraved and that I could see 
them at Mr. Toby's of this city. I then called 
upon Mr. Toby, who opened a box containing 
bills of $5, $10, $20 and ^50, and told me that i\ 
similar box had been sent on the steam])()ar 
Columbia to you. Now that they are done, 
though not corresponding with the blank one 
you gave me, 1 feel at a loss to know in what 
way to act and have finally concluded not to do 
anything farther in the matter until I can hear 
from you. I shall stai't to-inorrow for Bay ton. 



352 LIFE OF HENRY SMITH. 

Mecklenberg County, Virginia, where I will 
await your communication and take pleasure in 
acting accordingly. In haste I remain yours, 

Very respectfully, 
C. P. Green. 

FROM LAUNCELOT ABBOTT. 

New Orleans, March 25, 1838. 
Oovernor Henry Smith: 

Dear Sir. — Having the best wishes for my 
adopted country, it grieves me much when I 
view the shameful manner in which she is at the 
present time imposed upon and injured, almost 
to an incalculable extent, by men whose villainy 
is not too nice to prevent their committing the 
worst of crimes. I allude to the counterfeit star 
money of Texas, which has been so extensively 
circulated in this city, thereby making the gen- 
uine paper money not worth more than 40 per 
cent. I would respectfully suggest to you the 
propriety of redeeming that money, printed witli 
letter press, by means of the printe<l engraving 
you now have. I would also call your attention 
to one other thing. It is that of lotteries. I 
!)3lieve that Congress has not passed any law 
authorizing their establishment. You may ex- 
l)ect an establishment of this kind in Texas very 
shortly, bearing the name of the ''Texas Free 



LIFE OF HENRY SMITH. 353 

School Lottery." It is an ingenious mode of 
robbing the people. The legislature of Louisiana 
abolished them tliis last session. I am sure you 
will use your influence in preventing their es- 
tablishment. I remain sir, with much respect, 

Your obedient servant, 
Launcelot Abbott. 

From Gail Borden, Jr., Custom House officer 
at Galveston, came the following: 

Galveston, March 27, 1838. 
Honorable Henry Smith : 

Dear Sir. — A few days since I communicated 
with you on sundry subjects, and this, although 
not in any way connected with the revenue oi- 
finances, may not prove wholly uninteresting. 

While I am exerting every faculty to aid in 
raising a revenue, to do which, under the disor- 
ganized state of our laws, much mental as well 
as bodily labor is required, it is discouraging to 
witness the most prodigal spending of that 
revenue. The iiavy at this place is at present a 
moth in the national purse, which will eat oul 
the filling, and waste the substance of the people. 
The expense of building in the navy yard is 
great and much unnecessary work laid out ; a two 
story house finished, with a good bricl: chimney ; 
a large kitchen with a brick chimney and oven 



354 LIFE OF HENRY SMITH. 

and extensive quarters and store bouses. I have 
seen enormous bills for stores and at prices 
greatly in advance of what others pay in this 
port. The large proportion of officers, too, con- 
stituting the navy. Two pursers at $1500 each, 
whose business for a month will not equal one of 
the custom bouse clerks two days. I should not 
liave troubled myself with the matter had I not 
supposed that the government was yet unapprised 
of the extent of useless expenses, and were it 
not that I believe it right for every citizen to 
(^xpose abuses in whatever department found. I 
make the above remarks too that further inquiry 
may be made as to what our navy is doing for 
the benefit of the country. 

This letter is intended as a private one. I 
will, however, inform you that the Mexican fleet 
is blockading our coast, but we have not yet seen 
R vessel. The militia of this place, as well as the 
regular trrops, are prepared to do their duty in 
event of the invasion of the Island. 

Respectfully your friend and servant, 

GrAiL Borden, Jr. 

FROM KOBEUT MILLS, MERCHANT. 

Brazoria, Jan. 26, 1838. 
Oovernor Henry Smith : 

Bear Sir. — ]\Iy object in troubling you at 
this time is to learn your views and the probable 



LIFE OF TIENRY SMITH. 355 

course that will be pursued by the Executive in 
relation to the notes of the government pj,id into 
the treasury under the operation oi the tariff 
and land laws. The promissory notes of the 
government have nearly supplanted the circula- 
tion of bank notes, foi* the obvious reason that 
the holders esteem them of less value than bank 
notes. It is very certain that if the $650,000 or 
even $500,000 are kept in circulation, these no (*s 
will soon be of as little value as other claims 
against the government. On the contrary, if 
they are not paid out of the treasury, thoir value 
will become enhanced as they become more 
scarce. I have taken them pretty freely unt'l 
recently, when I was informed that the law 
authorizing their issue contemplated them in the 
light of a constant circulation. If this be the 
case their value will be very uncertain. As it is 
very important that wo should be fully informed 
on this subject I beg you will write me at as early 
a period as your business will permit. 

Youi's truly, 
Robert Mills. 

Governor Smith's whole idea on the subject 
of treasury notes was to place them on a par 
basis by th(^ ])Ians he proposed of demanding 
specie or approved American bank notes in 



;^56 LIFE OF HENRY SMITH. 

payment of custom house and land dues, and 
the he nest business men of the country sustained 
liim, while the floating, speculative element too 
successfully opposed the policy. Not until the 
Congress of 1841-2, backed by the earnest influ- 
ence of President Houston and the labors of Con* 
gressmen Wm. E. Jones, of Gonzales, and 
Timothy Pilsbury, o^ Brazoria^ were the earlier 
views of Governor Smith, improved by the in- 
tervening experience, adopted as the policy of 
the government, in what became known as the 
exchequer system. This proved to be wise and 
efficacious, and while it embraced features in 
addition to those advocated by Governor Smith 
in 1837-8 it included his views as held at that 
period and afterwards. 

To the Honorable Henry Smith, Secretary of the 
Treasury : 

Sir. — You have leave of absence until the 1st 
of October, unless the duties of the department 
should require your attention at the seat of 
government. 

In the meantime you will appoint whomso- 
ever you may deem best to discharge the duties 
of your department during your absence. 

Your report will be prepared by the 10th of 
October, that the same may be presented to the 



LIFE OF HENRY SMITH. 357 

Honorable Congress at the session of 1838. With 
great regards, 

Your obedient servant, 
Sam Houston. 
Houston, June 29, 1838. 

He was absent, however, but a short time 
and continued assiduously in the discharge of 
his duties till the inauguration of the new ad- 
ministration. The third Congress assembled on 
the 5th of November, 1838. On the 10th of 
December President Houston delivered his fare- 
well address, when Mirabeau B. Lamar was 
installed as President, and David G. Burnet as 
Vice-President. On that day Governor Smith 
ceased to be Secretary of the Treasury, and on 
the 14th the House of Representatives adopted 
the following resolution : 

Resolved, That the thanks of this House be 
voted to the Honorable Henry Smith, late Secre- 
tary of the Treasury, for his able and states- 
manlike report furnished this House, in accord- 
ance with its resolution, and also for the ability 
and integrity with which he has managed the 
finances of the country and presided over the 
treasury department during his connection with 
the same. 



358 LIFE OF HENRY SMITH. 

I certify that the above is a true copy of a 
resolution passed by the House of Representatives 
this the 14th day of December, 1838. 

John W. Eldridge, Clerk. 

The following private letter from an unfor- 
tunate gentleman, though not of public interest, 
furnishes such a key to the noble heart of Gov- 
ernor Smith that it merits insertion here : 

Houston, February 16, 1839. 
To the Honorable Governor Smith : 

Dear Sir. — It was with surprise as well as 
with heartfelt gratitude, that I heard from the 
Rev. Mr. Chapman you had voluntarily advanced 
to him the amount ($70.00) for which you were 
so kind, on two different occasions, as to become 
my security. This, although it did great violence 
to my feelings, I could not well help, especially 
as I could gel literally almost nothing for my 
headlight, and being entirely out of business, it 
was almost impossible for me to raise any money. 
In the nit'aniinie, you most kindly and nobly 
stepped foi'wnrd and relieved me from the un- 
pleasant circumstances in which I was placed. 
I would far her apologize to you if I supposed 
that you woald think it necessary ; but I believe 
you are fully aw^are of the facts that, in coming 
to this country with twenty-five families of 



LIFE OF HENRY SMITH. 369 

immigrants, I have been at an expense of $4000, 
in good money — greatly to the benefit of this 
Republic and without having as yet received a 
single dollar myself in return — and that myself 
and family have been sick seven-eighths of the 
whole time we have lived in the country, thus 
totally disabling me from business, whether pro- 
fessional or otherwise, thougli 1 have made fre- 
quent attempts to do something. It is only a 
few weeks past that my health would enable me 
literally and really to "go to wcrk'^ But thanks 
to the gracious Preserver of us all ! I am now 
engaged in business to some little purpose. I 
commenced our city school a week since — and 
have recently been appointed secretary to the 
city council. Hence I hope soon to begin to 
pay my debts. 

Gratefully your friend, 
R Salmon. 

Governor Smith retired to his farm and 
devoted himself to the welfare and maintenance 
of his numerous family. His domestic relations 
and affections were models of tenderness and 
simplicity. Yet he was nuich annoyed by his 
friends, preceding every election, urging him 
again to enter the ])ublic service He shrank 
from their importunities; but they became so 



3 HO LIFE OF HENRY SMITH. 

pressing that in 1840 he yielded so far as to 
stand for a seat in Congress and was triumph- 
antly elected by the people of Brazoria, among 
whom his Texas home had ever been. He served 
with distinguished ability as chairman of the 
committee on finance and made such an able 
and exhaustive report as to lead to the wise leg- 
islation, already referred to, by the succeeding 
Congress of 1841-2. 

Thus closed his public career. Thencefor- 
ward, though always deeply interested in whatr 
f'ver affected the welfare of the country, his 
1 i nie was passed in the bosom of his family. It 
is meet, therefore, here to insert a few expressions 
from those who knew him best as to his charac- 
ter and services. 

The letters from prominent and faithful 
jmtriots to him, from the opening of the issue in 
1835 to the Declaration of Independence in 
March, 1836, are too numerous to refer to. But 
they show the powerful hold he had upon the 
public confidence as a clear-headed, honest man, 
of dauntless moral courage and inflexible 
patriotism. 

MOKE RECENT LETTERS. 
On the 2.oth of May, 1882, the venerable 
Thomas H. Brennan, of Milam County, after 



LIFE OF HENRY SMITH. 361 

referring to Governor Smith's earlier services, 
wrote of the meeting in Brazoria in 1832: 

"Henry Smith read a paper he had prepared 
foreshadowing the independence of Texas. After 
this he became prominent in Brazoria and the 
surrounding country. I know of no reason why 
he was elected governor but his ability, his force 
of character and his fitness for the position. He 
was in favor of a Republic from the beginniin;' 
in 1835, while many good and true Texians were 
opposed to it." 

Dr. Ashbel Smith, in 1882, among other 
things wrote : 

"Bear in mind that I am not comparing him 
with county court statesmen and political 
shysters, but with men whose thoughts govern 
the actions of others, and I have rather attempt- 
ed to portray him, not as he was to us who were 
endeared to him and he to us, but as he will b^^ 
estimated, without emotion, by posterity." After 
brief allusion to his early connection with the 
government, he says of him : "Governor Smith 
possessed natural powers of a high order. His 
strength of will and moral courage were of the 
highest type, and he was conscio us c^f pos- 
sessing these imperial qualities. He \va-^ of 
mt^dium stature and, as he approached thr 



362 LIFE OF HENRY SMITH. 

middle period of life, became stout ; always erect, 
and so free from nervous restlessness that he 
must have been a good physiognomist who could, 
from his manner, interpret his thoughts. He 
was a calm, well poised man." 

Dr. Smith closes in these words : 
"The administration of the finances of the 
Republic of Texas under both terms of Houston's 
administration, Henry Smitli having organized 
the Treasury Department at the inception of the 
govi'rmnent in Houston's first term, was charac- 
terized by eminent al)ility and crowned With 
extraordiuciry success. Even slander never 
(piestioned the integrity of the first secretary 
through whose hands passed the entire revenues 
of tlie Republic. Henry Smith went into the 
Treasury Dei)artnientpoor; his style of living was 
siini)le and inexpensive; he came out of office 
and gav(> u}) the keys of his department poor. 
His unblemished name is a possession which the 
State inherits from the Republic of Tt^xas." 

AsHBicL Smith. 

Tlie ])ure and then venerable Dr. Charles B. 
Stewart, the l^l\:ecutive Secretary in the Pro 
visional (rovei-nment, who was fined ^1^2,500 by 
tlie eounril lor his fidelity to Governor Smith, in 
18 7 y wrote: 



LIFE OF HENRY SMITH. 363 

"It has vexed me to see that the publications 
and histories of Texas have paid so little regard 
to Governor Smith who, with Dr. Branch T. 
Archer, John A. Wharton and others, were the 
patriotic founders of the Republic of Texas. 

With both the will and the desire to aid y®u 
in rescuing the memory and virtues of Governor 
Smith from the obscurity which fate or design 
has visited them, disease, age and infirmity ha v^^ 
rendered me unable to aid you in s(j laudable an 
effort. **.:.** 

You have my best wishes for the successful 
vindication of Governor Smith from the obloquy 
sought to ])e cast njion him, ;ind from the im- 
proper and unjust neglect of the writers and 
historians of Texas." 

[Neither these nor the other letters referred 
to were written to the autlior of this volume, but 
to another gentleman then contemplating 
writing the life of Governoj- Smith. By him 
they were kindly i)hiced at tne disposal of the 
author of this work. | 

In 1841. in anticipation of the presidential 
election to occur in ScpUMiibej-, a widely spread 
call was madr ujion Govi^i'iioj* Smith, by the 
friends of (<en. Houslon, to stand for the vice 
presidency on iIh- same ticket. Doubts arising 



364 LIFE OF HENRY SMITH. 

as to the governor's willingness to become a 
candidate, a very large meeting assembled in the 
city of Houston, on the 15th of April, of which 
Dr. Alexander Ewing was President and Francis 
R, Lubbock, (since governor and now Treasurer 
of the State,) was Secretary. 

Francis R. Lubl)ock, James W. Scott, 
George Fisher, Dr. Wm. M. Carper and Dr. C. 
H. Jaeger were appointed a committee to report 
resolutions fur tlie action of the meeting. They 
i-eported the following, which were adopted with 
great enthusiasm : 

''Whereas, A doubt exists on the part of the 
politicid friends of General Houston as to the 
willingness of the Honorable Henry Smith, of 
the County of Brnzoria. to be considered a can- 
didate for the Vice-Presidency of this Republic 
at the election in September next ; and, whereas, 
the good of the country requires a union of 
action in regard to the election for vice-president 
and the nomination of a suitable candidate to 
be supported for said othce with effect by the 
political friends of Gen. Sam Houston; and. 
whereas, severe 1 candidates are already nomina- 
ted for said oltice : Therefore, to insure a suc- 
cessful issue to the said election, l)y the majority 
of the tii_>nds of Geu. Houston, in electing a 



LIFE OF HENRY SMTTTI. 305 

man of their choice as the vice-president of this 
Repubhc, who in case of being called by the con- 
stitntion to fill temi)orarily the Executive chair, 
would pursue the steps and carry out the meas- 
ures of Gen. Houston : Therefore, 

Resolved, That committee of one hiindi-ecl 
and one, be appointed by the chair to re([n<\st the 
Honorable Henry Smith to allow his name tn 
be placed before the people as a candidate for the 
office of Vice-President of this Republic. 

The committee of "one hiiiidreMl and one," 
promptly communicated these ])ro('eedings t<' 
Governor Smith, accompanied by an urgent 
letter. He replied on the 1st of May, declinin^i; 
to be a candidate and supporting the candidacy 
of Dr. Anson Jones, who, however, subsequently 
determined not to run, and Gen. Edward Burle- 
son was elected over Memucan Hunt. 

We would most gladly record of Governoi' 
Smith that he lived to a ripo old age, with tlie 
mantle of his well earned honors about him, to 
share with his compatriots in the abundance and 
security and glory of the State to achieve whose 
independence he devoted the prime of his man- 
hood ; but it was decreed otherwise. Let then 
a grateful country cherish and honor his mem- 
ory, and not grudgingly bestow the laurels to 



366 LIFE OF HENRY SMITH. 

which he is entitled by every claim that can be 
awarded to the highest iiiid purest and most self 
sacrificing patriotism. 

Governor Smith continued quietly attending 
to his home affairs and landed interests on and 
near Aransas bay. In is40, as shown elsewhere, 
one of his daughters married Col. George 
W. Fulton, who, from that date till 1846 
was a member of his family, when he removed 
to the city of Baltimore, where and elsewhere in 
the Middle States, as a civil rtnd railroad engin- 
eer, he remained 21 years, till 1867, and then 
removed to his present home and pasture lands 
on the bay named. Thus matters stood to the 
date of the following letter, which is self-ex- 
jtlanatory : 

Brazoria, April 16, 1849. 
Col George W Fulton, Baltimore: 

Dear Sir and Son. — John, James, [his sons]. 
Stewart, [his colored servant], and myself are on 
the eve of leaving for California in search of the 
"golden fleece/' William may perhaps join us 
somewhere on the route*. 1 received a letter from 
liini yesterday dated i\\ Brownsville, in answer 
to one I had written liini. Seven out of twelve 
died at tlie house where he boarded, with 
cholera. He, however, remained in good health. 



LIFE OF HENRY SMITH. 3fi7 

It may seem to you, as it does to many 
others, strange that a man of my age shonl<l 
undertake so difficult and ha;^ardous a trip. I 
feel, however, that it is necessary and that I am 
competent to the undertaking. My sons were 
spending their lives in idleness and no field open 
for them here. They were violently attacked 
with the gold fever and were determined to go 
on some terms or other. They had not the 
means to fit themselves out and would )je totally 
at the mercy of the world if they should even he 
fortunate enough to get there. So, on theii- 
account alone, I determined to break myself up, 
and raise the means necessary for an outfit anVl 
go with them and aid them in the best mannei- 
I could, and if fortune favored us, well ; if not, 
they at least would l)e benefitted as they woidd 
have a new and wide field in which to operate, 
and might do well if they would; if not, 1 would 
not be to blame. Here they could effect nothing. 
This I thought was my duty under the circum 
stances, and would pei-haps l)e the best patri- 
mony I could bestow on them. And if I cotild 
acquire anything myself it would be for the 
benefit of my daughters and my httle curly 
haired grand-children. There is no telling what 
might hai)pen, as the inducement to exertion, 



868 LIFE OF HENRY SMITH. 

from all accounts, will be unbounded, and will 
l)erliaps give me new life and new energy. I 
have every confidence, if we can arrive there 
safely, we will be able to stand the trial as well 
as most that may go, 

si: :■: s-: * * * 

For outfit I liave procured a good strong 
light wagon, and, as the demand for horses and 
mules has made them very scarce and high, 1 
will start with three or four yokes of good steers, 
so that the load will not V)e felt, with harness for 
mules when I get where they can be l)ought, if 
found necessary. The wagon will not be heavily 
loaded, ])ut with the most substantial and dura- 
ble supplies of provisions for at least six or eight 
months, with all the necessary tools and as many 
water casks as we can find room for, to supply 
us witli water through the deserts, as it seems 
some sucli have to be crossed on any route we can 
take. In short, we will go provided against all 
contingencies that can be anticipated, and hope 
to have sufficient means to carry with us to pro- 
<ui-e fresh supplies on the route where they can 
l)e had, and save our cured provisions, so as, if 
jxjssible, to arrive there with as much, as we 
sliall have at the start. Corn can be procured 
ill some places and 1 will take with me a steel 



LIFE OF HENRY SMITH. 869 

mill which can be fitted up in a few minutes, so 
we will have fresh meal on the whole route. 

We expect to he some thive or four months 
on the trip. All in this counti'y that are able t() 
tit out are afloat for California. Most from thi- 
part of the country hiive been gone for several 
weeks; none, however, seemed determined on 
any definite route, and many, I have no doubt, 
will fail or suffer much. Th(\v would not wait 
on Gen. Worth's movements, and left in detaclied 
l^arties. We, however, have determined to wait 
Gen. Worth's movements and follow in his train 
It is stated that he will leave Bexar about tin - 
1st of May and we are using every exertion to 
get there about that time. We will have his 
protection as far iis the Gila, wJK'rehe will estab 
11 sh a garrison. We will then, as I consider it. 
have passed the most daiigoi-ous, difficult and 
least known part of the route. We know from 
there hundreds of wagons have passed, by 
making some rletoiir ])erhaps to the mouth of 
that river, at which ))L*k*(' we cross the Coloi'ado 
of the West, said to be disiant IVom San Diegc) 
on the Pacific about l*<)<» miles, and something 
like half thai ilistance is sai<l to be <le.sert, which 
cannot be avoidfil. Once a,t 8ai] Diego, our 
troubles will be at an ejid, ail after that being 



370 LIFE OF HENRY SMITH. 

plain roads and fair sailing. I feel satisfied if 
we can arrive there safely, should gold not be as 
plentiful as represented, we could find some ad- 
vantageous eniplo^anent, and here we do much 
less than nothing. I am worn out with the 
monotony. Any change would be an advan- 
tage to me, God knows 1 have nothing to fear 
or dread. With the exception of a few farmers 
who seem yet alive to their sugar prospects this 
country is in a perfect state of apathy. Many 
large improvements abandoned and offered for 
sale, but seldom find purchasers or even renters, 
and so left to dilapidation, as my place will be. 
T feel pretty well assured that I will never 
attempt to reclaim it. We had, a few nights 
ago, a killing frost, which, with some few excep- 
1 ions, made a total sweep of the growing crops — 
corn waist high and some beginning to silk, the 
])eople generally having planted early, and cot- 
ton beginning to make i'orms, was entirely de- 
stroyed and sugar cane much retarded. This 
was a death blov/ to the farmers, and to make 
llie matter worse no rain has as yet followed the 
frost, leaving the ground too dry to replant with 
any hope of success. Our peach trees being in 
full leaf, j)i-(,tec.ted the fruits. 1 was fortunate 
enough this lime to have ncjthing destroyed. 



LTFK OF HENRY SMITH. .''•Tl 

Hundreds would now, if Uivy could make tlie 
outfit, leave for Oalifoi-nin. 

I expect myself to he i^-one one year, more 
or less, as circumstances may direct. I may 
return by Panama. My sons will, I ]iiv.sunu', 
remain for some time— Will be my general ag'ent 
and attend to my snits and land matters, winch 
I hope will be brought to a close. '•' •' 

Tell Harriet and Liz^^ie, [Harriet was Afrs. 
Fulton and Lizzie his single daughter wHh lici-, ] 
that papa had not time to write to them sp(-cially 
— that he is going in search of the gold: mi H.mcc 
and should he be fortunate enougli to liiid ii 
they will be largely the beneficiaries, and L://ic 
shall have all the golden ornaments she may 
desire, provided she is industrious in her studies. 
and when she is able, write to her mama, as 
papa will be absent. And tell Henry, niv name 
sake, and George the scholar, and in\- little curly 
headed Ann, not forgetting Jim, the great, that 
grandpa has gone to ''Alta California." in search 
of gold for them, and if they are good children 
and give him their blessings, he will tiirowllh' 
sands high and bring them plenty of gold and 
deliver it in peison. 

P. S. I will write you a lew lines fi'om 
Bexar if i have Lime, and from all puiiiLs on the 



372 LIFE OF HENRY SMITH. 

route that .will permit. Address me at San 
Antonio. Affectionately, 

Henry Smith. 

He wrote Col. Fulton from beyond San 
Antonio : 

Leon A, September 10, 1849. 

Dear George — We left home about the 1st 
of June with the view of joining the govern- 
ment train from Bexar to El Paso. We found, 
after leaving home, that the train had left, witli 
the cholera in company — that the disease was 
raging as an epidemic to a frightful extent 
around our whole frontier and we did not think 
it prudent to dare it ; so we stood aloof thro»gh 
the rainy and hot months and whiled away our 
time at convenient and suitable places. We then 
approached Bexar and remained in its vi(;inii y 
several weeks, until we heard of a tram of 50 or 
60 wagons, under charge of Col. Cazneau, loaded 
with merchandise for El Paso and Chihuahua. 
I met with Messrs. Van Ness, Colquohoun and 
others, interested parties, who told me the train 
would be at the go verimient station on this river 
by the time 1 would get here. We huri'ied on 
for fear of being left and have been here over 
two week.s and tli(^ ti*aii) is mA yet arrived. 
They had to open tlieir (Avii road. Mes.SL's. 



LIFE OF HENRY SMITH. 373 

Cazneau and Van Ness left some ten days ago 
to meet it, but have not returned yet. The gov- 
ernment has three companies at this cantonment, 
which is the last on the route to El Paso. W(^ 
are now encamped five miles west of them at the 
very head springs of this river, 100 miles west of 
Bexar, right on the public highway and ready to 
join any company that may pass. It must how- 
ever be a suitable and efficient one or we will 
wait for the government train. The Corpus 
Christi train, should it come on, has ox teams 
like our own and would suit us on that account 
Our team, four yokes, are now well trained and 
in much better condition for traveling than 
when we left home. We have here, of course, 
excellent water, grass, wood &c.; game not so 
plenty as we could wish, it being so near the 
encampment, but we find plenty and more than 
necessary for consumption. The fleshy parts 
are cured for future use, and the remainder 
used; so our living is not exixMisive, and I hopi! 
our supi)lies are ample. Indeed we are loaded 
and our wagon crowded to its utmost capacity. 
I confidently hope we will not b'.' like thousands 
who preceded us early in th(^ scnsoii and found 
themselves in a state of starvation before they 
reached El Paso. I have seen several and heard 



3^4 LIFE OF HENRY SMITH. 

of many who have returned from there through 
much suffering, as ])est they could, and who say 
thousands had arrived there in a state of utter 
destitution; that no sapphes of any description 
could be had there: that the poorer inhabi 
tants were themselves in great want, owing to 
the unexpected and unheard of flood of emigrants 
passing througli and sweeping everything like 
I )iovisions before them, that and many are await- 
ing the arrival of the government train, with a 
hope of obtaining supplies to proceed either for- 
ward or back. Those ])eople wlio hurry and travel 
light, make poor calcnlations. El Paso may be 
fairly considered no more than the starting 
point to the gold regions of California, so you can 
see we have starving emigi-aiits to guard against 
as well as Indians and otbei* enemies. 

If no bad fortune attends us I hope we will 
not starve. Many hazai'ds have to be encoun- 
tered and Ave go ])re])are(l to meet the worst. 
Willinm, |])is third son, J has not joined us as I 
hoped he \V( nid. Our band is quite small to be 
\]\r ont posi on the western frontier We are 
now cncMinpcil five miles west of the very end 
of civilization. '"•' * * ''■' 

Tlic trcop- wliich pi'ecf'dcd us will perha])s 
be stationed on tlie (iiia b\ tlie time we arrive 



LIFE OF HENRY SMITH. 375 

there. If so and reports l)e tine, we may find 
on some of its branches an Eldorado withont 
farther travel. This I confidently hope will be 
t he case as it would cut off the most tedious and 
hazardous part of the trip. 

I can write from here only by express and 
will continue to do so when an op}x)rtunity offers, 
which will of course be seldom. 

Tell Lizzie that papa recjuests that she should 
be a good girl, mind her sister, learn well and 
behave well and he will do his best to make her 
a fortune. Give my love to Harriet and all the 
children and accei)t the best wishes of yours 
truly, Henry Smith. 

P S. Col. Hardee, the polite and gentle- 
manly commandant of this i)ost and suit, visited 
my camp a few evenings since, and in conversa- 
tion informed me that another government 
train would leave Bexar for El Paso on the 1st of 
October. Could we have foreseen this detention 
and remained as we might, in the vicinity of 
that place, until that train started, it would per- 
haps have been Ix^ter, as we may yet have to 
await its an-ival, wliich will i)erhaps bring the 
middle of Octobei-. This \\'()nM (;ei*tainly be a 
great loss of time, I>ii1 w<' (hire not risk the 
wilderness any turtiier withou' ample protection. 



376 LIFE OF HENRY SMITH. 

Time is nothing— scarcely anything — I can truly 
say, and I say it with gratification and pride, 
that no company of Californians has met with 
so mnch courtesy and kindness from the time of 
starting up to the present writing. Now, how- 
ever, we must depend on our own resources. 

Yours truly, 
Henry Smith. 

We have no other letter from the brave old 
man during his long journey, but in lieu th-ereof 
are enabled to present extracts from a letter to a 
Baltimore paper by Lieutenant Mason, third U. 
S. Infantry, dated Ojo de San Martin, January 
16, 1850, the place now known as San Martin 
Spring, in Reeves County, on the Texas and 
Pacific railroad. Lieutenant Mason wrote : 

" I send you, by Mr. Aubrey, a few hurried 
fines informing you of our progress. A few 
days before leaving the Puerco, (Pecos,) we were 
overhauled by ex-Lieutenant Governor James 
W. Robinson, (of the Provisional Government 
of 18H5-6,) who came to request that our com- 
mand should halt until his party, consisting of 
seven ladies and only a few men, could join us. 
(/aptain Johns acceded to his re(|uest, and, ac- 
cordingly, in three or four days, tliey came up. 
the ladies having been much alarmed in the 



LIFE OF HENRY SMITH. 3Y7 

mean time by the many reports of hostile In- 
dians. We have now with us the first governor 
cind iirst heutenant-governor of Texas — Governor 
Henry Smith and Lieutenant-Governor James 
W. Robinson. They are both elderly gentlemen, 
l)ut it seems that even old age does not prevent 
them from wending their way to the golden 
shore. Governor Smith's two sons, John G. and 
James E. and a servant are with him. ^Ifi's. 
Robinson and only son, William, are also along 

We have had several falls of snow since 1 
last wrote and have, in consequence, lost many 
animals. Since we left we have lost three hun- 
dred head of oxen, and those that are still alive 
will never again be fit for service, even if they 
reach our destination. 

The day before we left the Piierco an express 
was started with orders to go through to El Paso. 
On arriving at the Guadalupe Pass, the rider 
found that he could not go thi'ough, as thei-c 
were thirty or forty Indians on the alert for him. 
Consequently he returned and was started from 
this place last night, tliis In-ini;- only ten miles 
from the mountains. lie will reach El Paso 
to-morrow, if the Indians do not molest him. 

As yet nothing has bt'en heard or Col. Tohii 
G Hays, [the famous Texas Ranger,] wiio Jefi 



378 LIFE OF HENRY SMITH. 

El Paso about the last of September, with a 
hundred men, for California. Much anxiety is 
felt in regard to their safety. Mr. Wright, of 
the New York Herald, accompanied the party, 
intending to return as soon as Col. Hays had a 
talk with the Indians, who were to have met 
him 150 miles beyond El Paso, for the purpose 
of making a treaty. A man from Missouri, 
named Gordon, who has been living with the 
Indians several years, promised to bring the In- 
dians in to meet Hays. He also engaged to 
escort Nugent and Mr. David Torrey, a Texas 
Indian trader, back to El Paso in twenty days 
after they left. These gentlemen may have 
thought it unsafe to profit by his offer and proba- 
bly determined to go through to California." 

[It is scarcely necessary to say that Col. 
Hays successfully made the trip, to live long 
and prosperously in and near San Francisco, 
Mr. Torrey did not go through to California but 
traveled down the Rio Grande on the Mexican 
side, to Presidio Del Norte, crossed to the Texas 
side and opened a trading camp. A party of 
Mcscalero Indians, while trading with him in the 
most friendly manner, learned from a party of 
their people just arrived, that some of their tribe 
had Ijeen killed a few days before, on the Mexican 



LIFE OF HENRY SMITH. 379 

side, by a i)arty of Americans en route to Cali- 
fornia Without a moment's notice they cleft 
Torrey's head in twain and instantly killed his 
companions, Strickland and two others. This 
tragic event occurred on Christmas day, 184^, 
twenty-two days before Lieutenant Mason wrote 
his letter at Ojo de San Martin.] 

We have but the latter portion, without 
date, of a single letter Avritten after his arrival 
in California, to his wife in Texas, in which is 
described their trials from below Socorro, on the 
Rio Grande, (from which place ex-Lieutenaiit- 
Governor Robinson had preceded them and ex- 
perienced many trials and dangers before reach- 
ing San Diego,) through the mining town of 
Corralitos, Hannas, Santa Cruz, San Gabriel, 
Tucson, the Pima and Maricopa villages on the 
Gila, across the Colorado and the desert beyond, 
into California. It is a repetition of scenes with 
which this generation have become familiar. 
We quote, however the closing sentences in 
which he says : 

"I have made several attempts to write you 
before, but could not accomplish it because my 
sight lias been so impaired 1>\' the cold winds of 
the Cordilleras in the winter meeting me full in 
the face, as did the sun in the afternoon, (our 



880 LIFE OF HENRY SMITH. 

course being west,) and with nothing upon which 
the eyes could rest but granite rocks and white 
sand, combined with the impalpable dust of the 
Gila valley and the desert. My eyes are slowly 
improving, but you must excuse me till they are 
restored. * . ::= * -^ * 

Affectionately yours, 

Henry Smith. 

We copy this familiar signature for the last 
time, as one clasp-TChe hand of a friend, knowing 
tliat it is for the last time. Although there is no 
yielding up of the stroiig will or self reliance or 
I)U(>ya"it hope.'^i.r strength and warmth of family 
ties, in these two letters which we have just 
i.'ead, yet we know that we must now go witli 
sorrowful funereal tread to the last scene in the 
drama of his life. The sad event could not be 
nioro touchingly portrayed than is done by the 
r-eu of his son, John G., in a letter written to his 
l)rother-in-law, Ci)l. Fulton, in Baltimore. We 
may not lightly intrude upon the sacredness of 
their great sorrow, but, as little was known of 
Ills active and useful life, so few have known the 
peculiarly sad circumstances of his death, which 
w'j (•()|)y from the letter. 

Los ANGELosOouNrv. Cal., March 17, 185 1. 

Mil Iktar Brother. -Ix, is with emotions of 
ihe deepest sorrov*^ and liearLfelt grief that 1 



LIFE OF HENRY SMITH. 381 

undertake to inform you of the melancholy event 
of the night o. the 4th of this month. My father, 
(who will be ever dear to my memory,) departed 
this life, seemingly in good health and to all 
appearance while asleep. He seemed to have 
died without a struggle, as I found him lying in 
an easy position, with his eyes closed. He died 
in this canon, far remote from any human habi- 
tation, without any one near him except Stewart, 
who says father ate a hearty supper and retired 
early to rest, without complaining, and that he 
did not know of his death until the next morn- 
ing. Brother James and myself were ten or 
twelve miles farther up the canon, prospecting 
for gold, leaving our father and Stewart to keep 
camp. Our provisions becoming short, I re- 
turned for ci new supply. On reaching the camp 
and not seeing my father about, I asked for 
him. Stewart said he ivas dend. Great; God ! 
1 exclaimed, is it possible! I stepped into the 
tent, and behold, there lay niy father, a lifeless 
corpse! Stewart said he had been dead two 
days. 1 then hurried ])ack to let James know 
what had happened. Our way lying through 
the mountains, and being very rough, we did 
not reacli the camp until \X\Kt next, morning at v) 
o'clock. We wtrc fortunate enough to have 



382 LIFE OF HENRY SMITH. 

some lumber, o.it of which I went to work 
making the coffin, while James was employed in 
digging the grave. We interred the body about 
sunset that evening as well a^ ou ' circumstances 
would allow. We buried him by a cluster of 
sycamore trees, on one of which, standing at the 
head of his gi'ave, I inscribed his name and 
country, the day of his death, &c. 

I should have mentioned that James visited 
the camp on the 1st and left father in good health 
and spirit, believing that we would soon make a 
rich discovery. But alas! we know not what the 
future conceals in wait for us. He is now on 
earth no more forever. We will take his remains 
back to Texas with us when we return. He was 
greatly disappointed in regard to this country, 
and said if he was back home he would be satis- 
fied to remain there. " * * ''' 

I wish, Mr. Fuiton, you would take charge 
of the estate 

Father, on his way to this country, made 
some presents of some lots and lands, to some of 
the g()vei*nment ofticers, who had treated us very 
kindly. I cannot specify the ju-oj^erty, bu^ their 
papers will show for themselves I have written 
a h'ltt'i' to si'iid home to Texas. '•' '•' * 

Truly, yoiii' brother, 

John (}. 8m{Th. 
To George W. Fulton, Bait more. 



LIFE OF HENRY SMITH. 383 

Thus died this pure ])atrit)t. He still sleeps 
in that lonely grave in the mountains of Cali- 
fornia, with no means of identification, unless 
through that sycamore tree, which may yet keep 
vigil over the remains of as lion-hearted and 
faithful a son as Texas ever luul. 

H« * * ^ * =!= 

In presenting the following letter to the 
author, written in 1886, it may be said, that 
George W. Fulton, the writer, a native of Penn 
sylvania, and one of five brothers of acknowl- 
edged intelligence and successful business careers, 
came to Texas in command of a c )mpany of 
volunteers in the winter of 183C-7, from Vin- 
cennes, Indiana, and from that time to 184() and 
again from 1867 to 1887 was ever recognized as 
a gentleman of fine intc lligence and the highest 
sense of honor. For maiy yc^ars past he has 
been known as one of the largest stock-raisers 
in Southwest Texas. His ti-ibute to the memory 
of Governor Smith, breathing the affection of a 
son, is lu'i'e appended : 

''My first acquaintance with Governor Henry 
Smith was in the iiutumn of ]8,S7, and occurred 
under circumstances that brought out strongly 
his kindly disposition. I was at that time with- 
out funds, except a few hundred dollars in 



384 LIFE OF HENRY SMITH. 

government warrants, which I was very anxious 
to convert into a more convenient medium for 
travel. The governor, then secretary of the 
treasury, had set his face against the issue of 
treasury notes, and consequently no one would 
l)uy my warrants In order to assure myself 
as to tlie prospect of converting my funds at an 
(-^arly date, I concluded to call on the secretary. 
After introducing myself and explaining my busi- 
ness, he remarked that he w^ould not issue, unless 
l)Ositively ordered to do so by Congress or the 
Executive. I, of course, was very much disap- 
]winted, which he noticed, and, after a few ques- 
t ions, one of which was the amount that would 
suffice for the present, handed me the amount I 
liad named. I thanked him cordially and handed 
liini my warrants which he pushed away, say- 
ing: "I don't want those things!" Much sur- 
])i'ised, I remarked: "I am a stranger to you 
sir, and you certainly want security of some 
kind." ''Well sir," he replied, "I am going to take 
yonr face." And he did. 

"After I married into his family, three 
vt'ars alter this, I resided six years witli him, 
and liad many opportunities of hearing remi- 
niscences of the then recent events of the revo- 



LIFE OF HENRY SMITH. ^^'^ 

lution, in conversations between himself and his 
co-laborers of those times. 

It seems strange, that tlie names of Whai* 
'ton, Archer, Hoxey, Williamson and tlicir co- 
laborers in accomplishing the independence of 
Texas, are now the most infrequently nanifMl, 
and Henry Smith, their chosen leader, the most 
infrequently of all. 

The ruling passion of Henry Smith was 
patriotism. No one could be more forgiving of 
personal injury— no one less so for a real or 
imagined wrong to Texas. Diplomacy was un- 
knov/n to him. He had no use for language but 
to express his inmost thoughts. This was (ex- 
hibited in his famous tirade to the council of 
January 9th, 183G. 

The poople of Texas at that time knew him 
well, and appreciated his services in bringing 
about their independence. He was named the 
^•andidate for president in opposition to Austin. 
His rough experience as Provisional Gov- 
ernor, made him undesirous of further authority 
and he urged the election of Gen. Houston. So 
far as the limited mail facilities of that period 
would permit, he notified the different localities, 
of his determination; yet he received a consid- 
erable vote. 



386 LIFE OF HENRY SMITH. 

Many of the survivors of revolutionary times 
have expressed their disgust and surprise that 
the name and memory of Henry Smith have 
been so uniformly slurred over by the various 
histories of Texas. 

In a private letter from Brazoria of August 
15th, 1837, the governor says: "When I left the 
capital it was with the view of not resuming the 
duties of my office, and I had sent in my resig- 
nation. His Excellency, however, refused to 
accept it and in a friendly note urged my con- 
tinuance. 1 replied to the note and at the same 
time took 'French leave.' Since my return from 
the West he has sent a special messenger with a 
request that I return as soon as possible, and 
urges that my return is indispensable. I feel 
extremely anxious to be released and entirely 
untrammeled from public office. 

'The citizens of this, my own county, say 
that they are willing for me to resign, provided 
1 will consent to represent them in Congress, but 
n<jt otherwise ; from all of which it would seem 
1 have lost all self control, and belong exclusive- 
ly to the public. I have determined to set about- 
my emancipation presently, and as soon as cir- 
cumstances will permit, to make a precipitate 
retreat to the west. 



LIFy. ( F ITKNIIV S.Miril. 387 

The extract above _Li,iveii ex])lains his persist- 
ent refusal to permit liis name to he used as a 
candidate for office. The citizens of Brazoria 
counly, however, upon his refusal to bL^( ome a 
candidate for vice-president, insisted on his rep- 
resenting' tliem in Congress, wliich, with great 
reluctance, he finally consented to do. 

It may be truly said of Henry Smith, that 
the oftlces he held, almost from his first entrance 
into Texas, were thrust u])()n him From Alcalde 
to Political Chief, the })eople ke])t him previous 
to the Revolution, continually in their seivi e, 
and it was a common remark among the citizens 
of Brazoria County that 'Henry Smith would 
never try a case he c )uld compromise.' 

The Hon. Charles L Cleveland, of Galves- 
ton, who, when a lal, was an apprentice in the 
newspaper office at Brazoria, infoi-med me sev- 
eral years ago that most of the articles in that 
paper advocating independence were written by 
Henry Smith, the tyy)e many times being set by 
himself and he being well ae({uainted with 
Smith's hand writing. Is it not time Texas 
History should be remodeled ^ 

G W F. 

When the year is7i» arrived, H mry Smith 
had been twenty- eight years in his grave and a 



388 LIFE OF HENRY SMITH. 

new generation had grown to manhood. The 
Legislature of Texas was in session and on 
Washington's birthday, February 22nd, 1879, the 
representatives of the people received 

A PORTRAIT OF H ^:NRy SMITH, 

painted by his grand daughter. 

The presentation was made by the Hon. 
George P. Finlay, of Galveston, who said : 

Mr. Speaker \ — "The pleasant duty devolves 
on me to present to this house, in trust for the 
State of Texas, this splendid portrait of Henry 
Smith, the first Governor of Texas. 

This picture is the workmanship of Mrs. 
Annie W. Holden, daughter of Col George W. 
Falton, of Aransas County, and grand-daughter 
of Governor Smith, wliose fame is this day cele-, 
brated by these memorial ceremonies. 

Governor Henry Smith was a Kentuckian 
by birth, and, in his youthful ambition, sought in 
an early day in Texian History to cast the vigor 
and strength of his youthful and impetuous 
manhood on the side of struggling freedom in 
this western wilderness. 

H(? p(nired out his first libation of blood in 
the cause (►f Texian Independence at the battle 
of Veiasco, in 1832, where Texas soil received 



LIFE OF HENRY SMITH. 389 

that baptism which brought with it the salvation 
of her peo{)le and laid the foundation of our 
giant young Republic. 

Governor Smith in all the positions of Al- 
calde, Secretary, Political Chief, Governor, Sec- 
retary of the Treasury and mym))er of Congress, 
from 1831 to 1842, came squarely up to the 
stature of progressive manhood and true nobili- 
ty of character, and he now lives in the affec- 
tionate remembrance of his compatriots as the 
knightliest among the knightly. 

The monuments of the past are crumbling 
into decay, and the crowding feet of ( o niiig 
thousands are treading paths blazed through 
this erstwhile wilderness by the hardy pioneers 
of half a century ago. 

Here and there the present generation are 
gathering from fading memory something of 
historic beauty, to tell us how valiantly oui' 
veterans lived, how like Titans they wrought a 
nation's freedom. So to-day comes to us from 
the gentle hands of fair woman, the faithful 
muse of history, this substance of the dead, left 
to remind us of the valiant living. Take it then as 
a sacred gift, and with Houston, Travis, Austin, 
Burleson, Crockett, Bowie and the departed hosts 
who stood in the forefront of battle when llie 



390 LIFE OF HENRY SMITH 

red blood of freemen flowed in liberty's cause, 
let it adorn the walls of Texas' stately Capitol, to 
tell coming generations of their fame. The 
golden sands of California stand vigil over his 
dust, bat Texas alone is guardian of his fame." 

Representative Coleman, of Harrison, re- 
ceived the portrait on behalf of the State, and 
said : 

Mr. Speaker and gentlemen of the Housel — 
" Under a resolution adopted on yesterday by the 
House of Representatives, it becomes my duty, as 
it certainly is my pleasure, to receive in the 
name of this House and for the State of Texas, 
this splendid portrait of ex-Governor Henry 
Smith, the fi -st Governor of Texas, painted and 
donated to ti.o State of Texas by his gifted and 
accomplished grand-daughter, Mrs. Annie W. 
Holden, of Aran as County, Texas, and just 
presented in the name of the. donor by the Hon. 
gentleman from Galveston. 1 am doubly grate- 
ful in discharging this duty ; first, because 1 am 
glad to see placed within the legislative halls of 
this great State, this picture of the historic dead, 
who, when living, loved so faillifully and fought 
.'•o gallantly for the infant Ro])ublic of Texas, 
that we may thus perpetuate the memory of his 
patri(jtic services and commemorate his virtues 



LIFE OF HENRY SMITH. 391 

Secondly, I am grateful to the iii embers of this 
House for this distinguished mark of their con- 
sideration in selecting me to express the feelings 
of the Representatives of Texas upon tliis })leas- 
ing and interesting occasion. Governor Smilli, 
with his compatriots between the years 182U and 
1886, the year of San Jacinto, laid broad and 
deep the foundations of tlie independence and 
civilization of this great country, now the chosen 
home of near two millions of free, prosperous 
and happy people. 

He was born in 178-1 in Kentucky, and in 
1827, animated by the same spirit of chivalry 
and enterprise that stirred the breasts of other 
heroes of that period, to rescue from the tyrany 
and misgovernment of Mexico, this fair land, 
he came to our shores and cast his lot and iden- 
tified his destiny with that of the people of 
Texas. 

It is proper, Mr. Speaker and gentlemen of 
the House, that the portrait of this man, loved 
and honored by his cotemporaries, and whose 
name is dear to Texians, should be placed within 
this hall, in which meet the R(-'}»roseutati\'(\s of 
that i^eople for who.s*^ home an<l count"y and 
independence he did so niii'-li and labored so 
faithfully. This portrait biit outwardly tyi)jties 



392 LIFE OF HENRY SMITH. 

the picture that gratitude has painted in the 
memory of all patriotic suns and daughters of 
Texas. 

In giving it a place ii});)ii these walls we but 
honor ourselves, in niakiiig a public recognition 
of our appreciation of the cardinal virtues of 
gallantry in the held, wisdom and fidelity in the 
council and patriotism iu all the acts of an active 
and useful life. 

The independence, prosperity, unity and 
glory of Texas famished tlie goals to the ambi- 
tion of Governor Smith and his compatriots, and 
to their accomplishments he gave all his efforts. 

And now, ]\[r. Speaker, with its independ- 
ence secured, its prospei-ity accomplished, its 
glory undimmed, the unity of Texas, the unity ol 
this great and growing State, the chosen home 
of this great and good man, whose portait hangs 
before you, should never be impaired or im- 
perilled. 

In conclusion, and in the name of this House 
I now accei)t this admirable portrait, and to Mrs 
Holden the fair and :;e.ie!-oiis artist and donoi-, 
and to her father, Col Geo W. Fulton, who 
kin(l]>- l)!-oiight the porti-ait to this Capitol, i 
tender ouv earnest thanks.'' 



LIFE OF HENEY SMITH. 393 

APPENDIX. 

GOVERNOR HENRY SMITH'S FAMILY. 
His father was Elder James Smith, who 
was buried at Smith's Station, now Bryantsville, 
Garrard County, Kentucky. His mother, who 
survived her husband many years, was Magdalen 
Woods, and was interred by his side. 

The children of James and Magdalen Woods 
Smith were their sons, Christopher, William, 
John, James, Edward and "Henry," the subse- 
quent governor of Texas; and their daughters, 
Lucinda, who married Daniel Jeffries ; Nancy, 
who married William Jeffries; Elizabeth, who 
married Joseph Evans, of Wythe County, Vir 
ginia; and Sarah, who married William Watts. 
None of these, excepting Joseph F. Smith, son 
of James, and one family of the Jeffries, ever 
settled in Texas. 

GOVERNOR SMITii'S CHILDREN. 

By his tirst marriage ; twins, William W . 
who died in the Confederate Hospital in Dal ton, 
Georgia, in 1863 or '64, and John G, who died 
on Aransas Bay in 1883, leaving a widow, sir-ce 
deceased, but no child ; and James E., who died 
at Col. Fulton's, on Aransas Bay, in January 
1884. Both WiUiam and James died unmarried. 



394 LIFE OF HENRY SMITH. 

By his second marriage he had five daugh- 
ters, viz : Harriet G., who on the 12th of March, 
1840, in Brazoria County, married Col. Greorge 
W. Fulton, a native of Philadelphia, a soldier of 
the Texas revolution, afterwards a distinguished 
civil engineer in Pennsylvania, Maryland, Ken- 
tucky and the west, and, since 1867, a large 
stock raiser, residing at Fulton, on Aransas Bay. 
Jane, the second daughter of tl^e governor, mar- 
ried, in Brazoria, Pulaski J. Fisk, and was 
thrown from a horse and killed in 1845, under 
the most distressing circumstances, causing a 
shock to her father which cast a shadow over 
the remainder of his life. She left an infant, 

1 V 

Thomas Fisk, eight months old, who died in 
Galveston, in 1854, of yellow fever. Sarah, the 
governor's third daughter, died single in ,1851 ; 
Emily and Sophronia died in j^outh in Brazoria. 

By his third wife. Governor Smith had but 
one cliild, Elizabeth, who died in 1854, of yellow 
fever in Galveston, at the age of fourteen. 

It will be remembered that Governor Smith 
successively married three sisters, : Gillette, in 
1815, 1822 and 1839. Two brothers of these 
ladies. Rev. Roswell and Samuel Gillette, were 
early residents of Brazoria county. A younger 
brother, James S. Gillette, eame to North Texas 



LIFE OF HENRY SMITH. 395 

lit a later day — represented Lamar County in the 
legislature and was Adjutant-General of the 
State dnrinij.- the administration of Governor 
Peivse, 

r.ovKirvojj sAirriLs only living descendants. 
The only living descendants of Governor 
Smith at this time, (January 1887,) are Mrs. 
Harriet G. Fulton, her four Children and their 
children, viz : 

1. Annie Ware Fulton, married Eldridge 
G. Holden and has two daughters, Harriet Ful- 
ton and Nana. 

2. James C. Fulton, married Fannie Dun- 
lap, and has five children, Harriet Smith, George, 
Alice Nold, James C and Henry Smith. 

o. Harriet Smith Fulton, married Charles 
M. Holden, and has four children, George Fulton, 
Annie May, Charles M. and Winfield L. 

4. George Wm. Fulton, married Leonora 
Caruthers and has two daughters, Mary E. and 
Jewell. 



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